Aug
12

Back in March 2007, I wrote that "the worst state franchise bill I've ever read has just been introduced in Illinois". At the time, there was a united front among community activists and community media producers to kill this bill (HB1500). As I wrote, "In taking away home rule power for local communities [HB1500] creates situations whereby local disruptions (e.g., digging up streets, sidewalks, front yards, etc.) are taken completely out of local hands."
And then a remarkable thing happened -- on May 30, 2007, AT&T holed up with legislators to create a "compromise" bill. The plot seemed straight from a Hollywood movie:
- I've just learned that AT&T lobbyists are holed up in state legislators offices and are rewriting state laws that they will attempt to get passed in the dead of night. One might think that this is some sort of nefarious plot to some Gotham City corruption scandal, but it's happening right now in the State of Illinois. With massive public opposition to HB1500, it appears likely that AT&T and it's legislators will attempt to attach amendments to SB 678.
Here's the kicker, however, AT&T and its political cronies wouldn't have been able to pass this bill without the avid support of community media producers. While folks like myself were writing:
- The amendment that AT&T's lobbyists are working on would lower buildout requirements while granting this telecom giant unprecedented power to ignore local concerns. Meanwhile, consumer protections are gutted, and network neutrality has been entirely eliminated. Back when I wrote about the worst telecom bill I'd ever seen i hadn't realized that AT&T, still wanting more, would attempt a late-night assassination of consumer- and municipal-rights and that government officials in Illinois would be so corrupt as to go along with this farce.
Community media producers were busy working to help pass this franchise (220 ILCS 5/21-601). This break in the ranks was difficult to understand -- prior allies explained it as the best of a bad situation -- but it still meant that the public interest coalition was splintered and PEG producers did provide the political cover necessary to ensure a smooth passage of this bill.
One summer later, I've started receiving dire e-mails from the very PEG channel folks who helped pass the AT&T state franchise bill who are now angry that AT&T is not living up to its promises and expectations. I have to wonder, are these people daft? What did they expect would happen? When telecommunications experts are issuing dire (public) warnings about the gutting of consumer rights, local authority and control (language like, "a late-night assassination of consumer- and municipal-rights" is a fairly clear warning), what did people think was going to happen?
It pains me to see incredibly smart and talented people either hoodwinked or naively trusting that they, somehow, weren't going to end up on the wrong side of a Faustian bargain with AT&T. Meanwhile, here's the latest assessment of just how bad things have gotten with AT&T's Illinois State franchise:
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Recently, Keep Us Connected circulated Loyola University professor, Dr. Diane Schiller’s Chicago Tribune letter to the editor on the sub-par treatment of PEG programming on AT&T’s U-Verse system. Over the past two decades, Dr. Schiller and her colleagues have demonstrated the public benefit of community access through Countdown, a live, call-in math instruction program for elementary school students across the city. Loyola professors introduce student viewers to a different math concept each week on Countdown.
- are cumbersome to find and slower to load than commercial channels
- have inferior picture and audio quality compared to commercial channels
- cannot support closed captioning
- cannot support second audio programming
- shut down after 2-3 hours of viewing
- are incompatible with programmed recording devices like Tivo
- are excluded from program guides and listings
Dr. Schiller fears those years of work will be undermined with the deployment of AT&T’s inferior U-Verse system. In her letter to the Tribune, Dr. Schiller says:
- AT&T's planned system for PEG programs like Countdown fails the test by removing those programs from its television line-up. PEG programs will be hard to find, channel surfing between commercial channels and PEG channels won't work, and channel listings for programs like Countdown will disappear. It doesn't take an educator to know that "out of sight" can easily become "out of mind."
In response, AT&T Illinois President Paul La Schiazza claims, "All PEG content is easily found on U-verse’s Channel 99, which is absolutely acceptable under state law…"
While AT& T Illinois President Paul La Schiazza publicly dismisses criticisms of U-Verse, other company representatives have repeatedly acknowledged deficiencies in the system, both in local and national demonstrations of the PEG product.
Contrary to La Schiazza's assertion, it is clear the U-Verse system fails to comply with Illinois law.
The law says:
Companies operating under Illinois’ Cable and Video Franchise law of 2007 "shall provide to subscribers public, educational and government access channel capacity at equivalent visual and audio quality and equivalent functionality, from the viewing perspective of the subscriber, to that of commercial channels carried on the [provider]’s basic cable or video service offerings…"
PEG channels on AT&T's U-Verse system:
The law says:
Public, education and government channels shall all be carried on the holder’s basic cable or video service offerings or tiers. Basic cable or video service is defined as "any cable of video service offering or tier which includes the retransmission of local television broadcast signals."
AT&T's U-Verse system:
Segregates PEG channels from all other channels by moving PEG channels to a web-like application under the generic heading "Channel 99." PEG channels will not be transmitted in the same way as local television broadcast signals.
The law says:
"The holder shall provide a listing of public, education and government channels on channel cards and menus provided to subscribers in a manner equivalent to other channels…"
AT&T's U-Verse system:
Strips away PEG channel identity, only listing a generic Channel 99 on channel cards. Local residents looking for PEG channels are forced to scroll through a menu of dozens of PEG channels from the entire region in order to find what they are looking for.
The law says:
"…the [provider] shall provide a listing of public, educational, and government programming on its electronic program guide if such a guide is utilized by the holder."
AT&T's U-Verse system:
Does not list PEG programming on its electronic program guide.
From here on out, I expect that things will get even worse.

"Here's the kicker, however, AT&T and its political cronies wouldn't have been able to pass this bill without the avid support of community media producers."
This is utter revisionist nonsense. AT&T and state legislators routinely ignored community media advocates. It was remarkable that PEG supporters were able to get any traction in Springfield. There was NEVER an opportunity to kill that bill.
Sascha what the hell are you smoking?
Sascha - thanks for highlighting this issue. I too was surprised with the characterization regarding "avid support" of community media producers. That reflects a lack of "on the ground" knowledge of what happened in Illinois, where AT&T's juggernaut was underway to get law passed that was far worse than what ultimately passed. But if you look at the record, you won't find community media groups listed as bill proponents. Unlike the extensive harm that has transpired in many other states, at least provisions were put in place to protect PEG and insert consumer protections.
http://www.ourchannels.org/wp-content/uploads/2008/07/harm-survey-report-final.pdf
No one has been "hoodwinked". No one is "naive". AT&T is doing in Illinois what it has been doing in every state, rolling out a sub standard PEG product. The company has made the business decision to remove treat public channels in an inferior manner to commercial channels. The difference in Illinois is that it's against the law.
Most of these groups wanted to be negotiators - plain and simple. WHY negotiate at all? Ego, I suspect. I liken this to nations and Presidents negotiating with...you guessed it, terrorists. Most nations do not negotiate. Why do it? Remember we are at war over "terrorists". These Telco's are steamrolling their way across the US buying Legislature after Legislature with talk of competition and lower prices. Yet, their broken promises and supposed law breaking has been going on for years and years. When will anyone open their eyes and learn? I guess some don't care to learn about History, and we will always be bound to repeat it. Must've been all those lobbying dollars spent in IL - some of the largest amounts spent by AT&T in a state - ever.
Some states in the US have not even entertained AT&T's nonsensical legislation. Others have seen right through the smoke and mirrors and remembered past promises made by Telcos to create superior products with increased rollouts for tax breaks and other incentives from Gov. subsidies, only to find empty promises with old legacy equipment. Project Pronto anyone?
What was very interesting to watch in IL was that as many individual groups "negotiated their best deal" they jumped to support the bad bill. There was never any concern for other groups and how it might affect them who were not as large, or who were not included at the table, yet had a stake in the outcome. Perhaps their voice wasn't as loud, or they were not asked to "negotiate" their own deal. But as an outsider looking in, it was crystal clear that each of these "negotiating" groups at the table were in it for themselves, and once they got what they thought was their best "deal" they never looked back. Never mind that some of these smaller groups got the shaft in the process, because "they" (the biggies) negotiated "their" best deal, and the other guys really didn't matter at all after that. Me, me, me, me, me.
Now one of the groups that supported the bill and negotiated the best deal they could get is upset and claiming AT&T is breaking the law. Of course they are. Is this a shock to anyone that knows anything about this company? Didn't anyone do ANY research about this company before trying to "negotiate" with them? TELCOS DO NOT NEGOTIATE. Trying to stand on the leg that IL's bill had better PEG provisions and consumer protections than any other state had negotiate thus far rings a bit hollow because AT&T has still broken the law (according to PEG). And by the way, IL already had wonderful consumer protections in place that cable providers and Telcos already had to provide by. Those were not a huge, new stretch, although a huge deal has been made about them. Whoopie!
If some of the leaders, ANY of the legislators (even ONE), and some of the groups in IL really weren't naive enough to believe that AT&T was going to "do what they say, and say what they mean", where were they when most of the groups came together to support the bill and the vote was taken in the IL Legislature, passing by a unanimous margin? Why didn't they speak up? But most of all, where was PEG? If those groups had decided not to rollover and conceeded nothing, and had NOT negotiated, perhaps legislators would've taken notice and kicked the Telco out. But they did settle, and now they have to live with the consequences. If you really think the State Legislature or the State's Atty is going to be interested in prosecuting and enforcing this law, I think you've got another thing coming.
Hi Anonymous & Barbara,
One of the benefits of my extensive work in Illinois on community media issues is that I've had extensive on-the ground knowledge about Illinois and what was happening there. I also have loads of respect for the work that CANTV and the Keep Us Connected Coalition has been doing. In much of the work we do, we're on the same side of the battle lines and allied in our work to support participatory media, PEG access, and community empowerment through media production.
I will, however, stick to my statement that PEG advocates helped craft the bill that passed and that this bill was then posited as a great bill for Illinois. Instead of getting into a he-said-she-said argument, I'll simply point out a few quotes regarding this bill that exemplify the concerns I've been consistently raising over the past year-and-a-half:
Barbara Popovic:
[01:45]At the end of the day, after our session, we now have the best bill in the nation for consumer provisions and for PEG.
Susan Satter (Illinois' Senior Assistant Attorney General):
[14:20] The House Democratic Leadership and the bills' sponsors supported and participated in roll-up-your-sleeves negotiations. My office prepared a markup of the original bill that embodied our do no harm principle. And then AT&T and other interested parties worked together to reach a workable compromise consistent with that principle...[15:15] If the state was going to set the terms of cable or video service, we knew that PEG access would have to be explicitly protected. And although the cost was minimal to AT&T, it was one of their more intensely negotiated issues, with changes being requested up to the night before a final compromise bill was realized. Now, when we went into it, we didn't know the details of PEG access. Our focus had been on other network industries. But we were able to rely on CANTV and the Keep Us Connected Coalition to identify issues, to review drafts and provide necessary language.
You can hear the quotes in their full context on the following video [time stamps are in brackets]:
My point remains that when PEG groups entered negotiations with AT&T, to the point of helping "review drafts and provide necessary language," you're perceived by decision-makers as blessing the outcome unless you come out firmly against it (and even that is quite a hard flip-flop to pull off). Certainly, by being directly involved in the negotiations over this bill, PEG advocates came across to the legislators as supporting the bill -- this is one of the reasons they voted unanimously to support the bill. Moreover, after the bill passed, it was spun as "the best bill in the nation for consumer provisions and for PEG" -- hyperbole that makes it difficult to address fundamental problems in its language (problems that are now beginning to haunt Illinois).
The refrain I've heard is that AT&T was completely unstoppable and that PEG advocates did the best they could to make the best out of a raw deal. And I very much believe this is the case -- however, even this "best possible solution" is turning out to be a mess. And where prior solidarity among community media advocates had been successful in preventing the passage of bad legislation (e.g., fighting HB1500), that fellowship was broken when PEG folks entered negotiations without consulting their allies.
Perhaps a good next step would be to start organizing for the repeal of this current state franchise bill before it causes too much more harm? I'm certainly open to suggestions and, even with our differences of opinion, think we see eye-to-eye on most of these issues.
I couldn't have said it any better Sascha! I wanted to reiterate, I personally don't believe for one second that AT&T was unstoppable. We opened the door, rolled out the red carpet for them, and said "come and get us". IMHO, the problem was that the "Alliance" didn't stick together and fight the Death Star. Instead, they tried to negotiate the best deals they each could get for themselves. That was truly sad. A lot of groups sold-out. Many rolled over. That left many to fend for themselves against a huge Telco with massive amounts of lobbying dollars. Need I say more?
I was very involved with contacting/educating many, if not all, Senators and House Reps to give them history about AT&T, previous measures passed in other states, and updated antics around the country. Interestingly enough, my own Senator called me at home to complain that he had received about 10-20 emails from me trying to educate him and that was too many! He had heard enough about the subject! I wonder if he had also had enough of all of the monetary contributions he had also received that year from AT&T? I'm sure not since he continues to take them.
Most (the important ones at the table and legislators) turned a blind eye and accepted what AT&T said as truth - that they would "follow the rules". If I had a penny for every time an AT&T exec told a little fib to pass legislation I'd be rich. I'm sure no one likes to hear that they have been niave or they got fooled by someone and bought the magic act. But let's be truthful with ourselves here. A lot of people bought the act. Now that they see it for what it was, a ruse, they are embarrassed and want to fight back. There would be no mess if everyone had stood their ground in the first place - presented a UNITED front. Perhaps a lesson will be learned from this in the future about listening to a Telco. As Nancy Reagan was fond of saying, "just say no"...to a Telco.
I am envious that in anonymous' world "There would be no mess if everyone had stood their ground in the first place..." And I'm curious why post as "anonymous" given how much you claim to have done to attempt to kill this bill?
A closer look at the power relationships at play shows some interesting dynamics in Illinois regarding this bill, including key "consumer advocates" with the noted exceptions of Illinois PIRG and the Illinois AG's office, doing little to combat even AT&T's initial bill draft, which was virtually gutted of meaningful consumer benefits. IBEW was there on day 1 as a bill proponent supporting AT&T's draft of the bill. Other labor groups saw problems in the bill but couldn't "cross the line."
It's easy to Monday-morning-quarterback outcomes, but if there is something to rail about, it's that AT&T has succeeded in getting state video franchise legislation in 20 states, primarily with devastating affect. There were "kill the bill" groups in every state. Whether or not those bills passed with a vote or two against them, they passed. And the damage is already significant with build out provisions compromised, PEG operations irrevocably damaged (a number of centers have already closed), and consumer provisions weakened.
In many states on the east coast, Verizon has been getting local franchises and hasn't taken the corporate "my way or the highway" position of AT&T on state legislation. The greatest damage has occurred in AT&T states. Damage is also stemming from a bad order at the FCC level, which PEG and local government groups continue to fight in court.
I'll be testifying before the U.S. House Appropriations Subcommittee on Financial Services in September on PEG issues. The Alliance for Community Media has surveyed members and continue to research the harms that are resulting from these acts. The Keep Us Connected Coalition is educating people about bill violations. Illinois NATOA and other local government groups are contacting legislators regarding AT&T's violations of the law. Local residents and groups are encouraged to write complaints to the Illinois Attorney General's office regarding any violations of the law.
Thanks, Anon for the 1st person verification of what was happening in the statehouse. I'm hoping that we're beginning to see a systematic reassessment of this statewide franchise. It's clearly failing to achieve the benefits that proponents claimed and its detrimental impacts on PEG and local empowerment is already well-established and certain to get worse. The good news is that irregardless of our differences of opinion on prior political tactics, there's a growing consensus that something needs to be done.
As probaby the only comunity producer participating in this discussion - and one that participated in the lobby day in Springfield I can tell you that support for public access by legislators was a mile wide and about 1/2 an inch deep. (By the way, Sascha I didn't see you in Springfield that day.)
Actually Sasha, you do a pretty good imitation of our legislative supporters when you write, "I also have loads of respect for the work that CANTV and the Keep Us Connected Coalition has been doing," and then go on to trash that work.
As far as any substantial coalition - please. There were the groups CAN TV could cobble together and the city of Naperville and that was pretty much it. I'm embarrassed to say there weren't even many community producers.
The Citizens Utility Board was lobbying for the ORIGINAL version of this bill from the start as was IBEW. And you have the fucking nerve to publicly take Keep Us Connected to task for "breaking the fellowship." (You also expose your political illiteracy again by stating that community media stopped HB1500. We sure opposed it - but it was the influence of the cable industry in the Senate that stopped that bill)
If your point is that corporations are bad for community media - no shit - thanks for the keen insight. We've been fighting with the cable industry for 30 years. (Although I can tell you that municipal control of community media resources is also a very bad idea. Cities have been a bigger impediment to public access TV than the cable industry. I'd love Keep Us Connected to document municipal censorship and abuse of access TV some day.)
You're just another fuckin' white boy who wants to show everybody he's the smartest guy in the room and can't wait to say "I told you so." Grow up. Maybe this time you could actually participate in the struggle instead of sharing your political misreads along with your uncanny grasp of the obvious.
Keep it civil, anonymous. If you were targeting other respondents on my blog I'd have removed your post outright. I'm going to give you the benefit of the doubt and assume you're not just a troll -- but before you start laying into folks, you should do a modicum of due diligence. Had you done so, your posting would have been a lot more informed. Here's some examples:
"As probaby the only comunity producer participating in this discussion..."
I've been a community producer for years now (and wouldn't be surprised if a couple other folks involved in the conversation may be as well). But having co-founded the Urbana-Champaign Independent Media Center, spent a half-decade as treasurer for the Global Indymedia Network, helped create the WEFT 104.5 LPFM radio station, been elected to the board of directors of WEFT 90.1FM community radio station (and produced numerous radio shows and documentaries along the way), and created the areas main all-ages performance venue back a half-decade ago, I think I'm safe calling myself a community media producer.
"Actually Sasha, you do a pretty good imitation of our legislative supporters when you write, "I also have loads of respect for the work that CANTV and the Keep Us Connected Coalition has been doing," and then go on to trash that work."
Had you checked, you'd have seen that I've been a long-time member of the Keep Us Connected Coalition and publicly supportive of its work. I signed up in support when I first heard about it and have continued so support its work throughout. If attacking your own members and allies is your idea of a good way to build solidarity, I'll take it as a case in point of how fellowship gets broken to the detriment of shared goals.
"The Citizens Utility Board was lobbying for the ORIGINAL version of this bill from the start as was IBEW. And you have the fucking nerve to publicly take Keep Us Connected to task for "breaking the fellowship." (You also expose your political illiteracy again by stating that community media stopped HB1500. We sure opposed it - but it was the influence of the cable industry in the Senate that stopped that bill)"
I'd recommend actually reading what I wrote "The refrain I've heard is that AT&T was completely unstoppable and that PEG advocates did the best they could to make the best out of a raw deal. And I very much believe this is the case -- however, even this 'best possible solution' is turning out to be a mess. And where prior solidarity among community media advocates had been successful in preventing the passage of bad legislation (e.g., fighting HB1500), that fellowship was broken when PEG folks entered negotiations without consulting their allies. Perhaps a good next step would be to start organizing for the repeal of this current state franchise bill before it causes too much more harm? I'm certainly open to suggestions and, even with our differences of opinion, think we see eye-to-eye on most of these issues." Your response is exactly what I'd expect of a troll -- attempting to create more division than actually exists and drive a further wedge between erstwhile allies. In the meantime, anyone with even a basic understanding of how the political economics of government works knows that most decisions come down to a battle of corporate titans -- and Comcast wouldn't have stood a chance without community folks fighting the same battle.
"You're just another fuckin' white boy who wants to show everybody he's the smartest guy in the room and can't wait to say "I told you so." Grow up. Maybe this time you could actually participate in the struggle instead of sharing your political misreads along with your uncanny grasp of the obvious."
My father was born and raised in Brazil -- but I guess that doesn't matter in your racism-infused worldview. I've been raising concerns consistently since this AT&T bill first surfaced, and I've been consistently focused on remaining solution-focused all along the way. Instead of attacking an ally who has been correct in their assessment from the get-go, you devolve into racism and infantile ad hominems. Responses like yours serve no purpose other than to undermine the good work that so many of us are doing to support community empowerment.
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