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NEWS STORY

Tangled Webs
Don't look now, AT&T, but the race to provide high-speed cable Internet access is quickly getting crowded with competitors.

BY PHILIP DAWDY
pdawdy@wweek.com

Cable czar David Olson has put out the welcome mat in Portland.

 

 

Last summer, America Online spent millions of dollars on an open-access campaign when AT&T sought
a franchise in San Francisco.

 

Formerly a major ally in Portland's open-access fight, AOL has dropped its gung-ho attitude since it acquired scads of cable
systems through
its pending merger with Time Warner.

 

 

The practice of
letting competing companies string new cable is known as "overbuilding." Other cities soon
to approve "overbuilds" include Denver, San Diego and Phoenix.

 

 

Industry analysts project that the Portland metro area will have 700,000 households by
year-end, enough
to justify a $500 million investment in the market.

 

 

OAB's David Maney expects that 80 percent of the cable lines in Portland will be above-ground.

 

Just six months ago it looked like Portland Web-heads would be stuck with technically limited service while local government officials and AT&T slugged it out in court. While both sides await a ruling, the point may soon be moot. By year-end, Portland could be the site of more high-speed cable access than anything this side of the CIA.

Last summer, Portland and Multnomah County argued they had the right to reject AT&T's cable Internet franchise application because the leviathan refused to provide open access to the high-speed lines it would control. No local government had ever made that case before. So AT&T sued; the case is currently pending in the Ninth Circuit Court of Appeals.

Within the last few weeks, the court case has lost some of its drama. It's not that the city and AT&T have made nice. Hardly. Rather, it's that at least four of AT&T's competitors are heading to town. They aren't going to wait for AT&T to get bitten by the sharing bug; instead, with the help of the city's cable office, they are going to put up their own cable lines in the battle for a share of Web-friendly households.

"It's going to be like the OK Corral," says David Olson, director of the city's Office of Cable Communications & Franchise Management.

As soon as the companies hit the streets, the public will be besieged with a tangle of options: high-speed Internet, hundreds of channels of cable TV, video on demand and phone service. The tab for all the goodies could run as high as $110 a month for a single household.

First up is Open Access Broadband, which could have a proposal before the city and county commissions within two months and construction crews in the streets by mid-summer. The Denver-based start-up plans to provide a cable spine for Internet service providers. Other than that, OAB officials are mum: They're finalizing investment deals with several significant technology companies, and in the world of billion-dollar deals, silence is golden.

The company will be joined soon after by Wide Open West, backed by one of the Texas billionaire Bass brothers, and RCN Inc., which is partly owned by Paul Allen, as well as Western Integrated Network, a Denver-based company.

The door to the out-of-towners was opened last summer when AT&T played its monopoly card. It believed that the Telecommunications Act of 1996 and Federal Communications Commission regulations mandated that local governments had to award high-speed cable franchises to any company that met minimum standards of financial stability and technical ability. Soon after its acquisition of TCI's nationwide cable systems, AT&T figured those regulations meant that local governments had to kiss its ring.

Olson and City Commissioner Erik Sten, who oversees the cable office, are not the kissing types. On this point at least, Sten's political philosophy boils down to the fact that cable franchises are public assets and his duty as commissioner is to leverage that asset into the greatest good for the greatest number. Clearly, that did not leave room for allowing one company to sew up Portland's high-speed market.

During the court battle, Portland netizens have been stuck with 56 kbps dial-up service or the speedier-but-not-speedy-enough DSL service of US West.

Open Access Broadband and the others are prepared to spend an estimated $500 million each by 2004 to fix that.

The companies are willing to gamble on a medium-sized market like Portland, in part because they feel so welcome here.

While Sten and Olson have been battling AT&T, they've tried to make it easy for anyone who wants to roll the dice in Portland, letting them build around AT&T. Typically, it takes six to 12 months for cable franchises to work through Olson's office; right now, it's processing them in two months. "You go to where the market restrictions ain't," says David Maney, OAB's chief executive.

That lack of restrictions may draw more national attention to Portland. Although AT&T already competes with RCN in some markets, Portland will be the only locale with so many companies vying for customers. And AT&T doesn't plan to let the start-ups get a head start. "We're not going to function in reaction to the competition," says Debbie Luppold, an AT&T lobbyist and franchising vice president. "We're ready to roll."


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Willamette Week | originally published February 23, 2000

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