Submitted by R. Neal on Wed, 2009/12/16 - 1:37pm

Mayor's office advises Knology they can ignore City Council requests for status reports on build-out and community access TV.

Is Haslam signaling AT&T and the cable/telecom industry that he'll be sympathetic to their interests when he's in the governor's office? 

UPDATE: Bill Lyons from the Mayor's Office responds in comments that Knology filed all the reports in March of 2009 that are required in their new 2008 contract and that they are in full compliance with all reporting and build-out requirements. Further, community access TV  broadcasting is now regulated by the state.

UPDATE: City Council Member Rob Frost, who withdrew a resolution asking for a status report Tuesday night, responds via email: "The administration didn’t check with Council first, but they did tell Knology they didn’t have to come to talk to Council. Council wasn’t told this until Monday. Knology made the commitment to come talk with Council and engage in a Q & A session -  the commitment wasn’t made to the administration, but to Council. Bill Lyons and Larry Martin did apologize to me and others this week for their mistake, and I certainly accepted their apology. As I explained to them, go straight to the source and avoid the middleman (so to speak); they do not work for Knology. A way to ask for a report to Council is to put a Resolution on the agenda, and since the commitment was made to all of Council, Council voting on it is the best way to demonstrate the desire for the promised discussion."

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Bill Lyons's picture

This discussion continues to be unfairly and badly mangled

I appreciate the opportunity to address this matter.  The agreement reached between the City of Knoxville and Knology and later approved by Council in 2008 called for specific investment in build -outs and other activities and submission of reports.  Knology has fully complied with their legal obligations. 

Council was provided a full report on status of build-outs on March 4, 2009. This detailed report included a summary of all quarterly reports filed by Knology. These reports showed them to be in full compliance with their agreement with the City on build outs, connections to community centers, and reporting requirements. In re: CTV, they are now regulated by the TRA under their state franchise agreement and pursuing, but not yet achieving live coverage of  meetings carried on CTV.  Even though the City is no longer a party to requirements to broadcast CTV we have continued to urge Knology to work as quickly as possible to broadcast meetings on a real-time basis.

The report sent to Council was conveyed in both hard copy and by email with a cover memorandum from Larry Martin. This memo concluded with "Please contact me if you have any questions concerning this agreement."

In the nine months subsequent to forwarding of this memo to Council we received no response. Not only did we not receive any questions; we received no requests for Knology to appear. The issue of their appearance had been raised in a Council discussion back in 2008 when the amended agreement later passed by Council was being discussed. At that time representatives of Knology said they would be glad to return to Knoxville at any time to appear before Council to discuss progress.

Subsequent to our providing Council with the summary report and inviting questions, Knology leaders asked if it was necessary for them to come to Knoxville and appear before Council to discuss their progress. Having not received either any feedback from anyone on Council, and not having received a request for them to appear, we indicated that we did not thing the time and expense of such a trip was necessary.  In addition, no Council member had contacted Knology with a request to appear. 

To conclude, in the nine months since filing a full report that showed Knology in compliance with their contract, neither the administration nor Knology has received a single request from a single councilmember for either an appearance or for additional information.

As we stated in a correspondence to Council last week, the decision not to take Knology up on their offer to come to Council to explain their progress was Larry Martin’s and mine. Any blame belongs with us. The reason for our decision was the lack of any response from Council to the information we had sent. 

Unfortunately this whole episode has led to incorrect media articles and editorials continuing the narrative that Knology was out of compliance, avoiding reporting requirements,  and recalcitrant about appearing before Council. They were also accused of avoiding CTV meetings. At last night’s council meeting Councilman Hall did apologize for those charges, which were incorrect as well.  We very much appreciate Councilman Hall’s statement.

 Last week we emailed Council to explain the points addressed here. I appreciate this opportunity to hopefully put an end to the unfortunate mischaracterizations regarding Knology’s compliance with their obligations and the City administration's oversight of the agreement.  Obviously we have not been successful in getting this discussion to a reality based level. This is regrettable, not only because any incorrect narrative is damaging to all involved, but because any damage –unfortunately including undeserved damage - to Knology’s reputation has the effect of their being less successful in their build-out and less able to provide competition in the marketplace.  That is the stated goal that we all share. 

Thank you.

 

R. Neal's picture

Post updated with response

Post updated with response from Council Member Rob Frost...

KnoxCatLady's picture

Dr. Lyons

 And when Dr. Lyons does Knology intend to offer service to the residents of South Knoxville?  As I recall, Knology practically admitted before the City Council they have no intention to bring their service to South Knoxville.  The Administration has glossed over this statement and to my knowledge, has never addressed it.  It would be nice for the Haslam Administration to press this with the same kind of fervor they display in defending Knology.  I would be very interested to have an answer to this question.

Bill Lyons's picture

Build out timing and location

 Ms. KnoxCatLady,  I will try to respond to both parts of your question - why no Knology in South Knoxville and why do we seem to be "defending" Knology? I understand and appreciate your concerns in regard to each of these and hope this response at clarifies rather than confuses the issues.

In regard to South Knoxville, we are very interested that they reach South Knoxville as soon as possible, and that they also reach East Knoxville and other areas that are not presently served, including Sequoyah Hills and Downtown. There was very lengthy discussion of this in 2008 when the franchise agreement was renegotiated and approved by Council. At that time, when the new agreement was signed, there existed no requirement for build out to any area by any time and no way to enforce one. What was negotiated was an agreement to plow revenues into growth with specific investment requirements and to report regularly to the City about progress in expanding throughout the City.
 
The background, is complex so please excuse this brief summary that I hope is clear without omitting too much. The City's original agreement in the 90's required Knology to begin building out from starting points in the far North and the far West. Building out cable is very capital intensive because untold millions of dollars have to be put into a system before any money begins to come in. Not far into Knology's build out the capital markets collapsed in the dot.com crash and Knology could not raise money for a massive build out. Rather they were limited to what is basically a pay as you go buildout that very much slowed them down because they had to fill in each costly cable node before beginning on the next. I think everyone knows that capital markets are much worse now.
 
The only effective way to grown in an area is to fill in geographic groupings.   The key is that one cannot just run a line all the way across town, to downtown, and across the bridge to get to South Knoxville. The system has to fill in gradually and expand more in concentric circles at each node.
 
Within these realities in 2008  the City had the choice of telling Knology it was in default of its original agreement or negotiating a new one.  The penalty for the former was a "liquidated damages" penalty which Knology could have chosen to pay and then built at whatever rate they wanted, not served community centers for free, etc. and invested at whatever pace they wanted of just served the area they already were serving. We thought, and Council agreed, that it made more sense to ask them to agree to take take what the owed and apply this toward a continued build out from the West and the North and through the rest of the City. All this is further complicated by the legislation approved by the General Assembly last year that provided for statewide franchises rather than local franchises for cable companies and ATT.
 
Simply put, Knology's success at marketing and building and serving new neighborhoods will determine the speed at which they will reach South Knoxville and other areas they do not serve now. It is in their interest to reach all areas of the City. 
 
There was no way that the CIty could force Knology to serve areas beyond what we did negotiate. We were concerned that Knology would respond to any onerous requirement that they could not afford by just paying the fine and opting for a statewide franchise that left the CIty no ability to impact the build out and other advantages.  One storyline, and one that persist, is that somehow we could have just dictated terms that a private company would be required to accept. Knology was never required to accept terms that put them in a worse position than they would be under the penalty phase of the original contract. After all, if they were forced out of business nobody would have the benefit of competition among cable providers. 
 
You began with the notion that the administration was interested in defending Knology. Besides an interested in basic fairness, we are of course interested in having Knology grow as quickly as possible to serve as many people as possible to allow more service and hence more competition with existing providers to more neighborhoods. The same would apply to ATT or anyone else. If Knology suffers because of bad service and/or pricing and thus grows slowly there is not much that can be done to help them grow.  If they fail to gain customers because of unfair adverse publicity, South Knoxville and other areas will get competitive cable at a much later date. 
 
To repeat, our interest is for fundamental fairness to all companies doing business in Knoxville and for citizens to enjoy the benefits of choice and competition so they get less expensive and superior service. The original starting point requirement and changes in technology left us all with less than optimal options. Thanks for asking. I hope this explanation is helpful. 

 

KnoxCatLady's picture

Dr. Lyons II

 I've heard the story again and again about the adverse capital markets faced by Knology and other cable companies, yet at the same time Knology was not building at all in Knoxville and Knox County, they had the financial resources to buy other markets across the country without spending a penny of that money here.  Considering that it's been about ten years, I don't know at how much a later date South Knoxville could receive the benefit of Knology service.  It seems to me regardless of how one wishes to look at it, Knology certainly benefitted from statewide regulation of the cable industry and that was likely what they hoped for in any event, which of course means the City of Knoxville lost whatever advantage it had at the time.  Your argument comes down to the City of Knoxville either forcing them out of the Knoxville market or allowing them to remain in business here so folks in West Knoxville and a few in North Knoxville will enjoy the benefit of cable television competition while the rest of us are in a virtual monopoly situation.  A difficult situation to be sure, but I heard the comments made by the representative of Knology at the Council meeting at the time and it was quite clear they don't intend to offer anything to or for South Knoxville in the near future, if at all.  I also don't think giving free cable service to community centers is any kind of substitute for serving entire communities, much less anything tangible to brag about.  Both the city and county governments seem to find providing free things to community centers to be something to dazzle the public but I'm not impressed.  The mission of the government should be to see the public served, not government operated centers.  Dr. Lyons what city officials seem to fail to understand in this instance is that for people like me, Knology going out of business in Knoxville would mean nothing at all.  We would be better off with AT&T who has the resources to compete city-wide with Comcast and letting Knology go out of business.  Knology has richly deserved the bad publicity it has received.

 

Bill Lyons's picture

The 2008 agreement and beyond

I am not exactly abounding in knowledge about capital markets and the cable business other than to say that it is a far different thing to talk with investors about purchasing an ongoing enterprise that is cash flow positive than it is to discuss borrowing up front money in an enterprise that will (hopefully) produce profits later. But that is not the point. The point is that Knology, in the situation that it was in, was not about to sign any agreement that required a specific build out. It was not going to happen and we could not force Knology to agree to anything that put them in worse position than the status quo for them at the time --- paying a fixed penalty for failure to deliver. You can never negotiate with someone without cognizance of the point at which they can live with a failure to reach agreement. 

That was debated and resolved in 2008 and discussed at this forum extensively, including the service to the community centers. I provided a summary for background, but that was clearly not necessary given your familiarity with that discussion.  I don't know about "dazzling the public." It seemed a good thing to provide free cable and internet to these facilities for the public without individual service. Actually, the public most likely shares your somewhat less than dazzled response.

Today there is absolutely nothing that can be done within the existing settlement to force a build out anywhere.  What we can do is hold them to what they have agreed to do and to see that they are treated fairly relative to that agreement.  By the way, even thought Knology has a statewide franchise at this time the settlement agreement was crafted in such a way as to continue to hold them accountable to some things in Knoxville even though they are governed at the state level.

I think we all did the best we could in 2008. You obviously remain underwhelmed. I do hope they get to South Knoxville sooner rather than later.  In the meantime, AT&T has a statewide franchise and is starting to serve Knoxville. I hope they see the opportunity to serve as many areas as possible as soon as possible. 

 

KnoxCatLady's picture

Dr. Lyons III

 Dr. Lyons I understand the notion the City of Knoxville did not wish to put Knology out of business.  While I like Mayor Haslam and think he's done a good job, I don't consider the Knology negotiations to be the City of Knoxville government's finest hour by any means.  As I recall, the vote on the City Council was 5-4 with Councilwoman Barbara Pelot switching her vote, after swearing up and down she'd never do so.  Councilman Joe Hultquist also did so and his reasons remain a mystery as there was certainly nothing in it for South Knoxville.  Obviously the City Council's own opinion was quite divided and as to negotiation, I think it is very difficult to negotiate with anyone who doesn't negotiate in good faith.  Knology's record of keeping faith with their agreements is something less than stellar.  I certainly understand your desire to defend the position taken by the City Administration, but yes, I am completely underwhelmed.  I also find the notion of the city and county governments trumpeting free service to community centers as merely a way of attempting to draw attention from the many thousands of folks who do not receive the benefit of any such service.  The fact is, Knology, despite what they might claim, has only served a FRACTION of the population of the City of Knoxville.  The action taken by the City of Knoxville government certainly was good for those folks, but the decision for the majority of people who receive no service was merely the hope that "some day" Knology would offer them service.  The people in South Knoxville, East Knoxville, most of North Knoxville and yes, Sequoyah Hills do not receive the same special offers Comcast and Knology offer in those areas they compete.  Apparently it never occurred to anyone in the City to put into agreements with ALL the cable companies that any special offer offered must be offered equally in the the area where the franchise exists.  That would have at least be of some help to folks, but instead we have free internet and cable television at community centers.  Fabulous!  My point of view is contrary to your own and that of the Haslam Administration.  I saw no reason to negotiate with Knology at all.  Considering it was quite evident cable television was going to be regulated entirely from Nashville, the City putting Knology out of business would have been a minor inconvenience until AT&T came in to compete.  Why not let those folks in the areas Knology serves do what the rest of us are doing - - - waiting for competition?  It certainly would have sent a message to companies who intend to do business here that they must fulfill every aspect of their agreement with the city government.  At some point, fully six members of the City Council, out of nine, felt Knology wasn't keeping their word, so I think it isn't unreasonable for me to state that is my own impression from observing the debate and the facts.  I can't imagine that you feel people in South Knoxville and other areas of the City who remain in the thrall of a monopoly aren't going to celebrate the agreement you reached with Knology.  You are far too intelligent a man to expect that for there are many of us who realized the agreement did nothing for us.  Dr. Lyons, I do appreciate the work you and other city officials do and don't let the fact I disagree with you on this particular issue to make you feel otherwise.  In fact, I expect I will vote for Mayor Haslam for Governor.

Bill Lyons's picture

I guess we don't agree totally on this one.

Thanks Ms.KnoxCatLady.  This issue is one that we don't see quite the same, obviously. I do respect your perspective and the care you have taken in its presentation both on this and other matters and appreciate the opportunity to discuss. To shift gears just a bit, I think one of the things that we have learned as we look back at this time of transition on Council is that good, positive working relationships between and among administration, Council, traditional media, new and social media, and groups and individuals in the public should allow for and thrive in an atmosphere of disagreement, even strong disagreement  and even a bit of snarkiness. I think we are a stronger city because of the nature of the interaction we have fostered.  Sure there are lots of storylines out there - some hostile, some always suspicious, others pretty much Pollyanna like, but we really do need them all. That does not mean we all don't get a bit irritated at times but we just have to get over that if we want to be effective in this arena.

More simply put - it is a good thing that we can all ( well almost all) talk to each other. It is better that way.

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