BREAKING: Murray says no on Milestone Two by a unanimous vote

Murray logoMurray joins Payson and Lindon in declining to move forward with the proposal from Macquarie. The council voted unanimously to pass despite not really having any other workable options on the table. Of course, they’re now in a heck of a pickle: Murray has attracted numerous businesses to the city (including a new location of the Moran Eye Center) with UTOPIA, but they’re running the risk of the network going dark if they won’t cover any operational shortfalls.

Centerville is also taking a vote tonight in a special council meeting. I’ll post when I have results from there.

Making the Macquarie deal better: things every city council should consider

macquarie_logo_2638The Macquarie deal is really good. I have doubts that UTOPIA cities are going to get a better offer at all, and the odds that any other offer would even have a chance of paying any of the existing bond debt are very slim. That said, there are things that all city councils should work on to make sure this is the best deal possible. Here’s what I think they need to do.

Specify speed increases on the basic tier

Including a basic tier of service seems to be a must-have now that Google Fiber has done it. I think the included tier is a pretty good deal overall, but the contract must specify a rate at which those speeds will gradually increase. The FCC already defines broadband as 4Mbps/1Mbps service. It’s rumored that they’re going to bump that to 10Mbps/3Mbps Real Soon Now(TM). I don’t think the basic tier should necessarily match what the FCC calls broadband, but it certainly can’t sit at 3Mbps/3Mbps forever. Make sure the speed increases are built into the contract, potentially as a function of the FCC definition (i.e. 75% of FCC broadband downstream speeds for upstream and downstream).

Specify increases in the transfer cap on the basic tier

A lot of people got riled up over the 20GB cap on the basic tier, but for someone who’s doing really basic usage, that’s actually pretty good. That’s 100 hours of YouTube a month or 30 hours of SD Netflix. Most people on the basic tier probably won’t be using very much anyway. That said, the cap needs to rise with time just like the speeds. 20GB is good today. What if it’s not good enough tomorrow? Make sure the contract specified that it will increase.

Require providers to fully disclose the terms of transfer caps

While we’re speaking of transfer caps on the basic tier, I think we also need to get ISPs to be VERY clear and up-front about how they handle the cap. The spectre has been raised that a hard cap could mean that someone loses their VoIP E911 service when the cap runs out. It could mean big overages. All of these terms need to be up-front. Providers should disclose if they have no caps, a soft cap (with the terms of the penalties for repeated overages), or a hard cap (with transparent pricing on purchasing additional transfer). Anything less would not be acceptable.

Require all revenues to pay down the bond debt and utility fee

City councils should already be prioritizing revenues from the system to go towards first paying the bond debts and then reducing the utility fee. Should. Citizens need to make sure that they codify that this is how they’re going to actually do it. This removes the threat that revenues from the system will flow into the general fund and the full utility fee will be assessed to residents. That would be completely unacceptable.

Try to assess the utility fee on users only

Cities are free to figure out how to collect the utility fee from residents and businesses. Macquarie has suggested “everyone pays” as the model. That kind of stinks since the entire point of the UIA was to shift costs from taxpayers to subscribers, but it’s a hard reality of how city finances work, because of the financial struggle is that companies like forbrukslån try to give people a better option. If cities can get the net utility fee low enough, they should seriously consider assessing it to network subscribers only. In the unlikely event that the income covers both the utility fee AND the bond payments, those who paid should be first in line for rate reductions to be made whole. Once the bonds are paid off, those who paid should also be first in line for reaping the benefits.

Conclusions

City councils are the ones ultimately in the drivers seat on these items. The first three need to be hammered out in the Milestone Two proposal. It’s entirely possible that some of them have already brought up one or more of these points. The final two, however, are entirely up to them. And it’s entirely up to you to let them know that’s what you want too.

Orem Mayor Richard Brunst Lies About XMission to Hurt the Macquarie Proposal

Orem Mayor Richard Brunst

Orem Mayor Richard Brunst

In what can only be described as an outrageous disservice to the citizens of Orem, Mayor Richard Brunst outright lied about XMission’s intentions to participate in the basic 3Mbps level of service. When asked about it, XMission founder Pete Ashdown had this to say:

I’ve personally also heard or seen statements from SumoFiber, Veracity Networks, and WebWave that they have no problems providing the basic tier, a contractual requirement to remain a service provider on the network.

The mayor also accused XMission of redlining poor neighborhoods which also elicited an angry response:

It’s no secret that Mayor Brunst is a likely no vote against the Macquarie deal, but outright lying about a well-respected local company to try and convince others to do the same is a new low. The Mayor owes everyone at XMission a huge apology for simply making crap up.

Brigham City advances to Macquarie Milestone Two

Brigham City became the fifth UTOPIA city to move forward with the proposal from Macquarie and seek full details under Milestone Two. The council passed it on a 3-2 vote. Cities who have not yet taken a vote include Centerville, Orem, Murray, and Perry. This means that over 51.8% of homes in UTOPIA cities are now on board with getting full details of the proposal from Macquarie.

Word on the street is that Perry might actually move forward with the deal to not be left behind by their northern neighbors. Given that the city currently has no fiber, this may be the only way for it to make good on its existing bond commitments. They’ll be holding their next city council meeting on June 26th at 7PM.

The Legislature punts on new anti-UTOPIA bills, but for how long?

In yesterday’s meeting of the Political Subdivisions Interim Committee (listen here), legislators sought to get a deeper understanding of what the Macquarie deal is and how it works. Unfortunately, most of the meeting consisted of the Utah Taxpayers Association spewing out fear, uncertainty, and doubt while the Utah League of Cities and Towns corrected the many, many mistakes they made. West Valley City Mayor Ron Bigelow also spoke and did a great job of detailing how cities are putting an extraordinary amount of effort to solve this problem on their own without state assistance.

Worth noting is that the UTA made many very thinly veiled threats to sue to stop the Macquarie deal. It felt like they were using that potential legal morass as a justification for seeking more legal restrictions. HB60 proponent Rep Curt Webb (who co-chairs the committee) also spoke against UTOPIA and seemed to have learned nothing from the massive amount of national negative press he garnered for his efforts earlier this year. Fortunately, the committee shut down an attempt to work on a bill to hamstring the Macquarie deal. They were directed to speak directly to Macquarie to get answers to some of their questions.

Overall, it seems like the committee is content to watch things play out for now and is truly interested in learning the details of the deal. Since I’m sure they’re already getting plenty of misinformation from the CenturyLink-funded Utah Taxpayers Association, it’s probably time for you as citizens to email them and let them know that you’d prefer they take the hands off approach as well. Click here to email all of the members of the committee at once and let them know how you feel.

BREAKING: Payson says “no thanks” to Macquarie Milestone Two

PaysonlogoIn a move surprising precisely nobody, Payson’s city council voted 4-1 to pass on Macquarie’s proposal to UTOPIA. You may recall that this is the same city that passed on rebonding in 2008, didn’t join the UIA in 2011, and didn’t bother to show up to board meetings with any consistency since 2009.

From a fiscal perspective, it’s easy to see why they made the decision. Since joining the network, the population has grown by several thousand, so there are a lot more homes to cover. At this point, there’s less than a decade of the original bond payments left for them to make. I’m sure they’re figuring that the cost to pay off the bond and walk away from their share of the network is less than taking the deal. Unfortunately, it also means that the city probably has little chance of seeing an open-access fiber network. Anyone who’s using the network in Payson is probably also looking at going dark Real Soon Now(TM).

In a surprise move, Tremonton is in on Milestone Two

macquarie_logo_2638I honestly did not expect this. Despite being one of the few cities with a near-complete network, Tremonton voted 5-0 last night to move forward with Milestone Two. This makes the tally so far four in favor (including Midvale, West Valley City, and Layton) and one against (Lindon). Votes are still scheduled in Orem, Centerville, and Murray. Payson and Brigham City have both been discussing it, but Perry has been pretty quiet.

If you live in a city that hasn’t voted, there’s still time to talk to them and urge them to move forward with Milestone Two. Check the list of events to get an idea of the when and where of what I know or contact your city directly.

UPDATE: Payson votes tonight at 6PM.

Lindon says no to Milestone Two, and it looks like Vivint Wireless may have caused it

Lindon City LogoIn what is not a terribly surprising move, Lindon has decided not to move forward with Milestone Two from Macquarie by a unanimous vote. This makes them the first (and so far only) city to not move forward on the proposed deal to complete the network. While Lindon could reconsider sometime in the next nine days, it seems very unlikely.

Sources tell me that the council listened very closely to intense efforts by Councilmember Caroyln Lundberg to put the deal on ice. It just so happens that her husband, Dean Lundberg, is Vice President of Operations at Vivint Wireless. You may recall that Vivint is working on doing a pilot program of wireless mesh home Internet access here in Utah, so it appears that they, in a very CenturyLink-like move, have used inside connections on a city council to derail potential competition that would ruin a multi-million dollar investment.

Of course, Lindon is going to be in for a very rude awakening in the coming months. They will still be on the hook for the bond, and they will have to cough up their share of the operational shortfall to keep the network running or face the very real possibility of turning off Internet access to 45% of their residents. Though 70% of Lindon residents residents are reportedly not fans of the utility fee, I’d bet a similar percentage doesn’t want to face the ugly fiscal realities of the other options left on the table.

CenturyLink VP Eric Isom is on the Utah Taxpayers Association Executive Committee

CenturyLinkSurprising precisely nobody, it appears that CenturyLink VP and long-time UTOPIA opponent Eric Isom is a member of the Utah Taxpayers Association’s Executive Committee. Per their June 2014 newsletter, he’s currently serving as the Secretary. You may recall he also was roaming the halls during meetings on HB60. If it isn’t crystal clear now why the Utah Taxpayers Association is astroturfing for CenturyLink, I don’t know what it’s going to take.

Of course, CenturyLink has a lot to lose. With the announcement in West Valley City that Ooma will be giving away the hardware for free landline service, they could shed as many as 40,000 access lines and several thousand vanilla DSL customers who opt for the basic 3Mbps service. While that fits their moves to abandon residential wireline service entirely, it also cuts into the highly profitable business products they’ve been focused on for the last few years. CenturyLink could lose tens of millions of dollars per year if Macquarie completes the buildout of the network.

So what can you do to help?

I don’t think most people realize just how deeply CenturyLink is embedded in the Utah Taxpayers Association. Bring it up at every public meeting. Share this post on every piece of social media you can and do so often. Once more people realize the uNOpia effort is just CenturyLink protecting its turf, the tide will change.

What’s in it for Macquarie? Understanding why they want a good deal for the cities too

macquarie_logo_2638A pretty common accusation I’ve seen lately is that Macquarie is looking to lock up UTOPIA cities in a contract to make a guaranteed buck. After seeing fly-by-night operators like Broadweave and the almost comically underqualified attempts by FirstDigital (let’s not even get into HomeNet), I can’t blame someone for being just a bit cynical. Once you understand what they’re after, it makes it clear why they need the cities to win for them to win.

Based on the amount Macquarie will collect under the utility fee, the rate of return is somewhere between 3.7% and 4.7% less expenses for operating and maintaining the network. This barely keeps up with inflation, so a lot of the profit depends on getting a healthy take rate for the network. They actually have a strong financial incentive to make sure the network succeeds or they may barely break even.

They are also a VERY large company with over $140B in assets. They’re used to doing multi-billion dollar projects like toll roads, airports, and other infrastructure projects. This investment of $300-400M is relatively small. For an entry into telecommunications networks to work for them, they need to scale up. This means getting other cities on board. The only way that can happen is if the projects have a high likelihood of breaking even or better. UTOPIA cities are stuck with their existing bonds, but the deal is to generate enough revenue to cover Macquarie’s utility fee and have money to reduce the amount charged to residents for bond service. Cities without existing bonds will want to end up padding city coffers to take the deal.

There’s also a much longer term opportunity here for Macquarie. If they do a good job at operating and maintaining the network, they may be asked to continue doing so at the end of the 30 year deal.  It could also open up opportunities for them to take a similar role as a network management company for other networks across the country. For a company that’s focused on stable long-term returns for investors, not the quick buck, this is a dream position to be in.

If you haven’t figured it out yet, this is a small bet that Macquarie wants to use to sell this plan to other cities. If they don’t do a good job and make it no or low cost to new cities, that won’t happen. It could also result in reputation loss in their other market segments, something a highly conservative investment bank wouldn’t want to be caught up in. So will Macquarie act in the best interests of the cities? Yes. Because they have to.