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July 23, 2008

Andrew Cuomo's Sorry Threat to Sue Comcast

New York Attorney General Andrew Cuomo probably thinks he'll score political points and votes with his campaign against the dissemination of child pornography on usenet groups, and he's probably right. He also likely believes that he'll look tough by threatening Comcast, a cable operator that everybody seemingly loves to hate. He's probably right on this point too.

Cuomo, you see, has threatened to sue the Comcast if it doesn't agree to go along with his plan to block suspected child porn usenet groups. Few people will openly defend Comcast these days and almost nobody will defend anything related to child pornography. Cuomo, in other words, is shooting fish in a barrel.

There's nothing new about a politician mounting a no-brainer bid for positive publicity, but by threatening to sue Comcast, Cuomo is alienating most people who actually use their brains. For one thing, as Declan McCullagh suggests, Cuomo's effort to "strong-arm" Comcast seems "ham-fisted." Declan quotes one observer who likens Cuomo's effort to a shake-down racket.

For another thing, Cuomo doesn't really have grounds on which to sue Comcast, as Mike Masnick points out. In refusing to sign Cuomo's proposed code of conduct that forces ISPs to screen out newsgroups, what law, exactly, has Comcast broken?

As Mike points out, the real threat to Comcast is not losing a lawsuit -- Comcast would surely prevail against any complaint that Cuomo files -- but getting publicly painted as a company that protects child porn. "That's a rather sickening abuse of power," he writes.

But Cuomo's bullying is a threat to all of us because it is yet another example of a politician attempting to jettison constitutional rights, in this case the First Amendment right to free speech, for his own expedient ends. In a poorly crafted rationale (surprisingly bad, actually, given that we're talking about New York's top attorney here), Cuomo says that Comcast doesn't qualify for First Amendment protection because "the possession or distribution of child pornography is both a federal and state felony."

Um, last I checked, Comcast neither possesses nor distributes child pornography. The law is very clear that ISPs can't be held accountable for what third parties do on their networks. By attempting to hold Comcast liable for what its users do, Cuomo is not only messing around with our free speech rights (a lot of legitimate usenet groups can get disabled under Cuomo's plan) and Comcast's own free speech rights but he's also opening the door to further control of content flows by ISPs, something that runs counter to an open and neutral Internet.

The rising tide of smart voices against Cuomo's clumsy and blunt bid to be seen as a crusader against child pornography may, in fact, transform this dance of demagoguery into a political stumble. In the meantime, Comcast says it will probably sign Cuomo's agreement. That's too bad.

Posted by Cynthia Brumfield at 1:35 PM | Print | Comments (0)

July 23, 2008

AT&T's Consumer Wireline Business Tanked in Q208

Top telco AT&T issued its Q2 08 earnings report this morning showing revenue and net income growth thanks to its hot wireless business. But, in a sign that the recession is taking a stiff toll on consumers' budgets, AT&T's consumer wireline business -- including voice, broadband and overall video subscriptions -- took a steep nosedive during the quarter.

During Q2 08, AT&T's consumer voice lines dropped to 33.02 million, a record loss of 1.56 million lines. Lucrative consumer broadband subscription growth came to a virtual standstill. AT&T ended the quarter with 12.58 million consumer broadband connections, barely up from the 12.55 million consumer broadband connections at the end of Q1 08.

AT&T gained only a net 46,000 broadband subscribers during the quarter, less than a tenth of the 491,000 net broadband subscribers gained during Q1 07 and surely a multi-year low for any major broadband provider.

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Despite strong growth in its AT&T U-verse video business, AT&T's overall consumer video business (including DBS subscriptions) experienced a big drop in growth during the quarter. During the quarter, AT&T added 173,000 net new video customers, down from the 200,000 net video adds during the year-ago quarter, even though AT&T added 170,000 U-verse video customers during the quarter, up from 150,000 U-verse customers added during Q1 08.

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Overall, AT&T lost nearly a million net consumer revenue connections during the quarter, compared to a net gain of 248,000 during the year-ago quarter.

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During the company's earnings call, CFO Rick Lindner blamed the bad economy for this unexpected free-fall in consumer growth. "The consumer space is going through a fundamental transition," he said. The second quarter is always a weak time period due to disconnects as the school year ends, consumers move and snowbirds move north.

This year, however, "it was heightened by the economy," Lindner said. Non-paying customers disconnects aren't really the problem and cable competition isn't as big a factor in the slow-down as some might expect. Consumers are just not buying as much as they were and are making do with less. "We are seeing more weakness in terms of inward orders and we’re seeing some impacts frankly where we’re seeing customers disconnecting broadband and see in their reasoning that they’re not going to a competitor," Lindner said.

In terms of broadband, these customers seem to be more in the "value" sector and are using wireless access subscriptions or just saving up all their Internet activities for work, he said. In terms of access line loss, the southeast region, particularly hard-hit Florida, is responsible for a good portion of the loss. Losses are exaggerated in the southeast because AT&T hasn't yet ramped up U-verse there to compensate for the weakness in the old-fashioned businesses.

Wireline is just a weak business due to the recession, Lindner said. "From an economic standpoint, as you look across the country today, you’re seeing lower employment levels, and you’re seeing reduction in new small business formation, and you’re seeing increases in bankruptcies."

Wireless, on the other hand, is the company's saving grace, so much so that Lindner appeared to plead with analysts to "not lose sight of this," particularly given the riches yet to be reaped from the 3G iPhone. AT&T added 1.3 million net new wireless customers during the quarter, ending Q2 with 72.82 million wireless customers, up 14% year-over-year.

Wireless revenues jumped 16% to $12 billion, while wireless data revenues soared 52% to $2.5 billion. Total AT&T net income jumped by 30% to $3.77 billion even as revenues ticked up by 5% to $30.9 billion, thanks to cost cutting and the sale of minor businesses.

Posted by Cynthia Brumfield at 10:30 AM | Print | Comments (0)