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Testimony
of
Mr. Robert Sachs
February 11, 2004
TESTIMONY OF ROBERT SACHS PRESIDENT AND CHIEF EXECUTIVE OFFICER NATIONAL CABLE & TELECOMMUNICATIONS ASSOCIATION on COMPETITION AND OVERBUILDS IN THE VIDEO MARKET Before the SUBCOMMITTEE ON ANTITRUST, COMPETITION POLICY AND CONSUMER RIGHTS COMMITTEE ON THE JUDICIARY UNITED STATES SENATE WASHINGTON, D.C. FEBRUARY 11, 2004 Mr. Chairman, Senator Kohl, and members of the committee, my name is Robert Sachs and I am President & CEO of the National Cable & Telecommunications Association. NCTA is the principal trade association of the cable television industry in the United States. It represents cable operators serving more than 90% of the nation's 73.4 million cable television households and more than 200 cable program networks, as well as equipment suppliers and providers of other services to the cable industry. Thank you for providing us with the opportunity to testify this morning. Introduction In assessing the subject of this hearing - namely, the competitive effect of wireline overbuilders on incumbent cable operators - it is appropriate at the outset to establish the context. There are more than 9,000 cable systems serving 33,000 communities in the United States. As is documented by the Federal Communications Commission's recent ten-year review of the status of competition in the video marketplace, virtually all those systems face vigorous competition from two wellestablished national Direct Broadcast Satellite (DBS) providers who together serve more than 21% of the multichannel video programming market. And, as the General Accounting Office has pointed out, this competition has resulted in an explosive growth of new video and non-video services, as well as slightly lower prices for cable subscribers. While fierce competition from DBS is ubiquitous, competition between wireline cable operators is scarce - and often precarious. Only about 400 of the 33,485 cable -2- communities nationwide have two competing franchised wireline providers. Many of these franchised overbuilders, however, have either never deployed and launched their services, launched and failed, or are in danger of bankruptcy. GAO's most recent study of cable overbuilds is based on a tiny percentage of these rare communities. GAO examined only six overbuild communities, and compared them with six other communities that appeared to share certain characteristics with the overbuild communities but had only a single cable operator. The half dozen overbuilds exemplified many of the difficulties faced by overbuilders, and GAO identified the reasons for these problems. Cable Franchised Communities N = 33,485 33,052 433 6 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 Non-Overbuild Communities Overbuild Communities Overbuild Communities in GAO Study 433 6 0 50 100 150 200 250 300 350 400 450 500 Overbuild Communities Overbuild Communities in GAO Study -3- A major reason was that overbuilders simply underestimated the extent to which the marketplace they chose to enter was already fiercely competitive. Overbuilders may have assumed that they could easily and profitably capture customers from incumbent providers with lower prices. But sustainable competition from DBS, which enjoys nationwide economies of scale, had already ensured that cable operators were providing the services that best met consumer demand, at competitive prices. So, overbuilders were caught in an economic bind. To entice customers away from the incumbent, they might have to charge lower prices than the incumbent. But those lower prices were insufficient to cover their costs and investment risk and were economically unsustainable for more than an introductory period. Moreover, the vast majority of overbuilders only came into existence in the last few years. As rare as overbuilds are now, they were even less prevalent during the first four decades of cable's existence. Cable television is an extremely capital-intensive business. To serve a community, cable operators typically must deploy facilities that pass and extend to all households in the community, whether or not particular households choose to purchase their service. The viability of such an investment required that a substantial portion of the homes passed by the system did choose to purchase the system. Competing builders, such as in the well known example of Allentown, Pennsylvania, who constructed systems simultaneously in an area where off-air reception was poor, had the best chance of being viable. But for many years, the prospect that multiple cable operators could build such facilities and each capture a sufficient number of subscribers to support their investment was, in most cases, implausible. Therefore, few overbuilds were deployed. -4- But several developments in the last decade of the twentieth century encouraged new overbuild ventures. For example, the technological ability to provide voice, video and data services over shared broadband facilities - and the emergence of the Internet as a new source of data services for consumers - altered the economics of overbuilds. Existing telephone companies, whose narrowband facilities were not particularly well suited to the provision of video and Internet broadband services, made significant investments in new stand-alone broadband facilities so that they could offer video (and cable modem) service along with the telephone and DSL Internet services provided over their existing facilities. Meanwhile, the Telecommunications Act of 1996 encouraged the emergence of new "competitive local exchange carriers." With new broadband facilities, these new companies saw opportunities to offer competing cable television service and cable Internet service along with telephone service. In short, the bundling of video, Internet and telephone services over shared facilities was expected to make it possible to provide an economically viable competing wireline cable service. But just as they may have underestimated the competitive effects of DBS, overbuilders also faced more competition and less demand for their non-video services than they anticipated. The boom in wireless telephony (and the increasing availability of telephone service from incumbent cable operators and other competitive local exchange carriers) reduced potential revenues from telephone service. Similarly, vigorous competition between cable operators' cable modem service and telephone companies' DSL reduced the ability of overbuilders to subsidize their video prices with revenues from high-speed Internet service. And in this competitive environment, overbuilders have had serious -5- difficulty obtaining the capital they anticipated and need to deploy and build out their systems. What all this suggests is that the prices and service offerings of overbuilders at any recent point in time can hardly be viewed as representative of a "competitive" standard that all cable operators would meet if only they faced effective competition. To the contrary, cable operators do face effective competition in all the services that they provide. It's the prices and services offered across the nation by cable operators that face strong competition from DBS, DSL and competing telephony providers that provide the best indication of a competitive marketplace at work. There is no basis for looking to the prices offered by an anomalous handful of unprofitable overbuild systems as an appropriate benchmark for video prices. Why Overbuild Prices Are Artificially or Uneconomically Low With the foregoing in mind, it may still be useful to take a closer look at the small number of overbuild systems that have come into (and out of) existence in order to see why some recent studies - including GAO's most recent reports - have found that a snapshot of average prices of overbuilders tend to be lower than the prices charged by cable operators in areas without overbuilds. NCTA has done such an analysis. Unlike GAO's most recent study, which looked at only six overbuild communities, we examined all of the 433 communities with identifiable overbuild systems for which information was obtainable. We confirmed that most of them did, in fact, display anomalous characteristics that explain why their prices (and the prices of competing cable operators in those communities) may, at least temporarily, be lower than prices in other communities. As analyzed more fully by Steven S. Wildman, Professor of -6- Telecommunication Studies at Michigan State University, in a white paper attached to this testimony, those anomalous characteristics show that lower rates do not indicate that those overbuild markets are more "competitive" than other markets. To the contrary, as Professor Wildman concludes, "[a] close look at overbuilders and the communities they serve shows that it would be imprudent to use prices in these communities as benchmarks for evaluating prices in other cable communities."1 1. Overbuild prices are often unsustainable. First of all, the vast majority of overbuilds have only been in existence for a very short time. 388 of the 433 overbuilds did not exist before 1996 - and 92 of them did not exist before 2001. This means that it's impossible to view a snapshot of prices at any given point in time as representative of the stable prices of long-term, established competitors. (Typically, cable franchises are awarded for 15 years and then are eligible for successive renewal periods of 10 years.) A "moment in time" snapshot does not show whether the reported prices were sustainable for even an initial franchise term. It does not show how many overbuilders failed to survive with such prices. Nor does it show whether such prices were merely temporary and soon rose to higher levels. In fact, 83 of the overbuilds that we identified either have failed and are no longer operational or are not yet operating to any meaningful extent. In a competitive market, companies are expected to charge prices sufficient to cover their costs and to earn a fair, risk-adjusted return on their investment over time. The prices of companies that have failed or are failing obviously cannot be viewed as benchmarks for what competitive systems should charge. 1 S. Wildman, "Assessing the Policy Implications of Overbuild Competition," February 9, 2004, at 27. -7- The overbuild landscape is populated with such failed or failing companies. Some, like Altrio, Everest Connections, TOTALink, and WINfirst briefly got started operating overbuild systems before they went bankrupt and/or stopped further construction. Other well-financed companies like Ameritech and GTE constructed and operated systems only to sell them for a small fraction of their original cost. In addition, a large number of overbuilders never even built their systems and launched their services. For example: ? American Broadband American Broadband announced that it would overbuild cable systems in major cities in Rhode Island as well as Baltimore, Buffalo, Jacksonville and other medium size markets on the East Coast. When it initially filed in January 2000 with the Rhode Island PSC, American Broadband told the PSC that it would cost $170 million to build systems in 20 markets serving 80% of the state's households in the towns of Barrington, Bristol, Central Falls, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Johnston, Lincoln, North Providence, North Smithfield, Pawtucket, Providence, Scituate, Smithfield, Warren, Warwick, West Warwick and Woonsocket. American Broadband initially received a commitment for $50 million in equity capital from Great Hill, and expected to receive another $120 million in equity and debt for the Rhode Island project. Great Hill Partners and venture capital companies pulled back on their initial commitment. CIBC World Markets that in 2000 committed to provide the company up to $150 million in senior debt financing opted not to make the loan. In addition, $50 million in equity promised by Great Hill Partners, a Boston venture capital firm was placed on hold. Great Hill owned 83 percent of ABI. Unable to attract other financing, American Broadband decided not to go into business in January 2001. ? Carolina Broadband Carolina Broadband was formed in 2001 and targeted major markets in North and South Carolina including: Charlotte (pop. 540,828), Raleigh/Durham (pop. 276,093 and 187,035 respectively), Winston-Salem -8- (pop. 185,776), Greenville/Spartanburg (pop. 56,002 and 39,673 respectively), and Columbia, SC (pop. 116,278). In 2001, the company received $402 million from Charlotte's Carousel Capital and the venture capital arms of banks such as Bank of America Corp. and First Union Corp. Other investors included M/C Ventures, Spectrum, Chase, JH Whitney, Haborvest and Providence. After raising $402 million in equity, Carolina Broadband was unable to obtain another $400 million in debt financing. The investors did not want to commit all of the money until the company received additional loans needed to fully fund its construction projects. Carolina Broadband spent about $40 million before the company folded without significant construction. ? DeCom DeCom was a Midland Park, NJ-based firm headed by a veteran cable operator. In mid-2000, DeCom announced that it hoped to be OVS provider in Charlotte, NC (pop. 540,828). The company never moved forward with its plans to provide service. ? Digital Access Corporation Digital Access announced plans to overbuild cable systems in Indianapolis, IN (pop. 781,870), Kansas City, MO (pop. 441,545), Milwaukee, WI (pop. 596,974), and Nashville, TN (pop. 1,270,520) in 1999. The company's major investors included Bachow & Associates, CALPERS, Cornerstone Equity, First Union Capital, Goldman Sachs, M/C Venture Partners, Norwest Equity, Providence Equity, M/C Venture Partners, Navis Partners (formerly Fleet Equity Partners) and Spectrum Equity Investors. Digital Access was able to raise $450 million in equity but unsuccessfully sought $850 million in debt financing. Digital Access went out of business in early 2001 after trying for two years to obtain debt financing. ? Digital Union During mid-2000, Digital Union (affiliated with a Local Utility) announced that it was going to overbuild the incumbent cable system in Austin, TX (pop. 656,562). After a few months, Digital Union abandoned its plan to provide service. -9- ? LyncStar LyncStar was a private company that planned to overbuild the cable system serving Little Rock, AR (pop. 183,133). The company never moved forward with its plans to compete in this market. ? Quality Entertainment Quality Entertainment was a private company with plans to provide service in Poteau, OK (pop. 7,939). The Company never proceeded with these plans. What seems apparent is that the investment community has not been persuaded that the overbuild business model, which is built on capturing market share with low prices, is an economically sound and sustainable model. As Professor Wildman points out, "[t]he fact that only a tiny fraction of a percent of cable communities attract overbuilder entry in any given year in itself suggests that most knowledgeable potential investors see little prospects for profit in the overbuilder strategy."2 And the recent failures of existing overbuilders confirms that this is the case. Thus, as Altrio stated two months ago when informing the City of Los Angeles of the company's decision to shut down the company, "the capital markets are not friendly to early stage telecommunication companies today. After six months of effort, we have been unable to raise the necessary capital to continue operations."3 Even some of the more established and recognizable overbuild companies have been on or over the brink of bankruptcy. For example, Knology, which has 127,500 subscribers, went through bankruptcy in 2002. On September 18, 2002, Knology filed for Chapter 11 bankruptcy protection with debts that exceeded $473 million. On November 7, 2002, Knology announced that the bankruptcy allowed it to exchange $444 2 Wildman at 28. -10- million in bonds for $193.5 million in newer bonds and a 19.3% equity ownership in the company. In total, the bankruptcy reduced Knology's debt by $250 million. Meanwhile, RCN, the largest and most established overbuilder, is reportedly in serious economic peril and "skating on thin ice."4 Its stock has not bounced back even as the telecommunications sector has begun to recover. RCN's stock plummeted from a high of $72 per share in February 2000 to 68 cents per share as of December 31, 2003. On January 15, 2004, RCN missed a $10.3 million payment on senior debt. According to one trade publication report, RCN's cash supply is rapidly disappearing: "Its most recent available results show in Q3 it lost $110.5 mil[lion]. RCN in Oct. 2001 had $1 bil[lion] in cash. It now holds $289.5 mil[lion] in cash, and is burning through its onceformidable fund at a clip of about $70 mil[lion] per quarter."5 Moreover, just two weeks ago, regional power company Pepco Holdings Inc., RCN's partner in Washington, DC area overbuilder Starpower Communications LLC, announced that it was that it was "getting out of the telecommunications and cable TV business by selling its 50 percent stake in" the venture.6 As mentioned, even some of the large, established telephone companies that promised to compete with incumbent cable operators in their telephone service areas have ultimately backed away from those plans and have emphasized the marketing of DBS services instead.7 As the FCC recently noted, 3 Letter from David G. Rozzelle and Stephen R. Ross to Ms. Liza Lowery, Chief Information Officer, City of Los Angeles, Dec. 10, 2003. 4 "RCN Skating on Thin Ice," Broadband Technology, Jan. 21, 2004, p. 10. 5 Id. 6 "Pepco to Sell Starpower; Shedding Cable Stake Will Come at a Loss," Washington Post, Jan. 30, 2004, p. E1. 7 See "Bells Fight Cable War with Satellite-TV Deals," Wall Street Journal, February 9, 2004, p. B1. -11- The 1996 Act amended Section 651 of the Communications Act in order to permit telephone companies to provide video services in their telephone service areas. . . .As a result the presence of LECs in the MVPD market grew. By 1998 the Commission indicated that "LECs are already or are becoming significant regional competitors." Ameritech (later acquired by SBC) was a significant overbuilder in the Midwest, BellSouth was an overbuilder and MMDS operator in the southeast, . . . and Bell Atlantic (now Verizon) and SBC were selling, marketing and installing DirectTV DBS video service. Additionally, LECs briefly owned and operated two joint programming and packaging ventures, but by 1998 both of these efforts were ended or scaled back, and today no longer exist. Today facilities-based cable franchise services provided by the large, former "baby bells" are much less prominent . . ., with only BellSouth and Qwest offering such services. Some LECs have come full circle, however, and are marketing DBS service as they did in 1998.8 There have also been many reported examples of overbuilders entering markets with very low prices but, before long, implementing substantial price increases. As Professor Wildman points out, It is not uncommon for firms entering a market to offer their products or services at prices too low to cover their costs over the long term. They do this to rapidly build their customer base to a level large enough to ensure profitability once prices return to sustainable levels. Incumbents often respond to such tactics with lower prices of their own. Because market prices frequently rebound to higher levels once entrants' initial pricecutting strategies have run their course, it is important that prices in markets with recent entry not be used as competitive benchmarks for prices in other markets.9 One example is RCN's system in Boston. Since entering the market there in 1997 RCN's price for the expanded basic tier has nearly doubled 2. Overbuilders often targeted communities where cable operators had not yet rebuilt their systems. While cable operators nationwide have been rapidly 8 Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, Tenth Annual Report, MB Docket No. 03-172, ¶¶ 113-115 (released January 28, 2004). 9 Wildman at 11. -12- rebuilding and upgrading their facilities to provide more channels and advanced broadband services, at least 107 of the overbuilders targeted communities where the incumbent operator had not yet rebuilt its system. In those markets, overbuilders might have expected to be able to lure customers away from the incumbent to a more advanced system with artificially low prices and advanced services that the incumbent was not (yet) able to offer. But it does not follow that either the rates or the overbuild itself would be sustainable after the incumbent rebuilt its system. And, as the FCC's recently released Tenth Annual Report on video competition shows, communities with non-rebuilt systems are quickly disappearing. Just between 2001 and 2002, the percentage of systems with at least 750 MHz leapt from approximately 64% to approximately 73%,10 and the percentage continues to grow.11 This is, in other words, a strategy available only in a rapidly dwindling number of communities and only for a very limited period of time. 3. Many overbuild systems were purchased at a substantial discount from failing companies. In many cases, overbuilders faced costs significantly lower than those of incumbent cable operators for artificial reasons that had nothing to do with competitive efficiency. For example, in 77 communities - almost 20% of the cases - the systems were purchased from failed or failing overbuild companies at pennies on the dollar. These cases include the sale of systems and assets owned by the bankrupt Western Integrated Networks ("WIN"). While WIN had announced plans for building all-fiber networks in many southwestern and western cities, it only built and began operating a system in Sacramento. WIN sold its Sacramento assets to SureWest 10 Id., ¶ 25, Table 3. 11 Id., ¶ 25 n.58. -13- Communications for less than 15% of what it had invested in the system - and a much smaller percentage of what the assets were worth at the time of sale. WIN's assets in Sacramento were worth $200 million; they were sold to SureWest for $12 million. Similarly, in December 2001, SBC sold the assets of the stand-alone cable systems that Ameritech had built in the 1990's. WideOpenWest acquired those mid-western systems at fire-sale prices far below the costs of building them. Likewise, in December 2003, Verizon Media Ventures Inc., a subsidiary of Verizon Communications Inc., sold off its cable television systems in Pinellas County, Florida and Cerritos, California to Knology for a price dramatically below the value of the assets. When companies purchase systems for much less than what it cost to build them, they, of course, can charge prices that reflect this discount. But there is no reason to view such prices as in any way indicative of what an economically efficient incumbent or new cable operator facing marketplace competition would or should charge. They are, in effect, subsidized by the initial overbuilder who mistakenly invested in a system that should never have been built in the first place, given the real costs of construction and operation. 4. Franchising authorities often impose fewer requirements on overbuilders. Many overbuilders faced significantly less extensive and costly franchise requirements than those imposed on incumbent cable operators. Although NCTA has not been able to review all the franchises in overbuild communities, we have identified 96 communities in which the overbuilder does not have the same requirements as the incumbent. It may be possible for local governments to create a price differential between overbuild and nonoverbuild communities simply by creating a cost differential between overbuilders and incumbent cable systems. But where this is the case, there is no reason to suppose that -14- the lower prices in overbuild communities are any more "competitive" than the prices of incumbents in non-overbuild communities. 5. Overbuilders often target high-density areas. We found 103 instances in which the overbuilder was not required to build out and serve the entire franchise area. In Montgomery County, Maryland, for instance, Starpower was not required to extend service to lower density areas of the county despite the fact that the incumbent's franchise requires universal service. Not surprisingly, given this green light to cream skim, we found 175 instances where the overbuilder targeted high density areas to provide service. By picking and choosing areas that are less costly to serve on a per-household basis because density is greater overall, overbuilders can charge rates that are lower than if they, like virtually all incumbent cable operators, were required to serve all areas of a community. 6. Some overbuilders operate on a not-for-profit basis. In some cases, overbuilders' prices may be artificially low because the overbuilder is a not-for-profit entity that has no need even to project, much less recover, a profit. For example, we identified 31 municipally-owned overbuilders and ten overbuilders owned by cooperatives. 7. Many overbuilders are owned by utilities or telecommunications companies. In 20 cases, the overbuilder is owned by a utility. And in 91 cases, the overbuilder is affiliated with a local telecommunications company. These operations present unique cost advantages of shared facilities for similar, plant-intensive businesses. They also present cross-marketing advantages that accompany such utility ownership. -15- And the rates of such overbuilders may be artificially low to the extent that they can be cross-subsidized by the ratepayers of the regulated utility service. 8. Most overbuilders bundle video services with other services. Finally, a large number of overbuilders entered the market offering bundled video, Internet and telephone services. More than ¾ of them - 310 - offer high-speed Internet service. And 179 offer all three services. When multiple services are offered over the same shared facilities, prices for the service offerings will be based on projected demand for all the bundled services. The shared cost of common plant may make the attributable costs for video lower, assuming that buy rates for the Internet and telephone services are sufficient to contribute to support of the system's costs. But if overbuilders' projections regarding their telecommunications and Internet offerings were unduly optimistic (as may well have been the case during the recent years when most overbuilds were initiated), then the prices for their video programming services may have been lower than necessary to cover costs - i.e., lower than economically competitive levels. As the foregoing discussion shows, there are a number of clearly identifiable circumstances in which the prices of overbuild systems may be artificially and uneconomically low - and these circumstances apply in a large number of overbuild communities. The chart below illustrates how the vast majority of observations in the Overbuild sample involve anomalous situations. -16- . Breakdown of Overbuild Communities N= 433 425 8 0 50 100 150 200 250 300 350 400 450 Anomalous Communities Non- Anomalous Communities * Anomalous Communities: Includes Failed/Failing, Purchased assets below value, targeted non-rebuilds, targeted high density, unique ownership issues (telco, utility, co-op, municipal), different franchise or buildout requirements, or offers bundled services. In fact, according to Professor Wildman, "it is striking how few communities remain in the comparison sample [of overbuild communities] when all identifiable sources of potential bias are eliminated."12 GAO's Survey of Six Overbuilders Is Not a Useful Indicator of Competitive Rates Even if there were no such multiple explanations for the price differentials between overbuild and non-overbuild communities, it would still be necessary to take any price comparisons in GAO's most recent study with a large grain of salt. That study only examined six overbuild communities - only about 1.5% of all overbuild communities, and a very small fraction of one percent of all cable communities - and compared their 12 Wildman at 19 (emphasis in original). -17- prices with the prices of six superficially similar cable systems in non-overbuild communities. It's hard to see how the differentials between the overbuild and nonoverbuild systems in such a minuscule number of cases could possibly be deemed to have any statistical significance. In any event, not surprisingly, the six overbuilders in GAO's study - like most of the overbuilders nationwide - appear to share one or more of the identifiable characteristics, described above, that are likely to result in artificially and anomalously low prices. For example, Everest Connections is, first of all, owned by an energy utility company (Aquila, Inc.). In addition, it is a company facing serious economic difficulties. Everest, which was formed in 2000, initially planned overbuilds in Amarillo, Lubbock and several smaller Texas communities. It also was granted franchises in the Kansas City and Minneapolis-St. Paul regions and had applied for more than a dozen franchises in the Grand Rapids, Michigan area. But it has never expanded beyond its two systems in Lenexa and Mission, Kansas. During the first half of 2003, Everest's energy company parent restructured Everest and terminated 160 of its employees. It recently told the FCC that it had stopped funding Everest because of the company's poor long-term prospects. And Everest has told the Federal Communications Commission that it will "soon cease all construction in Kansas City due to lack of funding." Grande, the overbuilder in Waco, Texas, offers bundled video, Internet and telephony services. It acquired its system from a financially impaired company, ClearSource, two years ago. Although the sale price was not reported, it is reasonable to -18- assume that the assets were purchased at a substantial discount, reducing Grande's costs - and potentially supporting prices - substantially below what would have been sustainable if the company had to cover the true costs of the system. Seren Innovations is another utility-owned and funded overbuilder. It was founded in April 1996 as a subsidiary of Northern States Power Co. and is now owned by Xcel Energy, Inc., which was formed by the merger of NSP and New Century Energy of Colorado. PrairieWave is an investment company formed in 2002, which is affiliated with local telephone companies. It was formed to purchase the assets and operations of McLeodUSA Incorporated, a financially impaired operator of incumbent telephone systems in South Dakota and competitive telephone, cable and Internet services in South Dakota, southwestern Minnesota, and northwestern Iowa. Again, it is likely that the cable systems were acquired at a substantial discount to their initial cost. The two remaining overbuild companies in the GAO study are Knology and RCN - both of which have already been described above in the discussion of companies that have gone through bankruptcy (Knology) or are in economic distress (RCN). Both systems offer bundled video, Internet and telephony services. And RCN, as noted above, has been around long enough to demonstrate - with rate increase after rate increase - that the low rates charged by overbuilders when they enter a market are far from sustainable. Conclusion The bottom line is that overbuilders are the results of anomalous circumstances in nearly all cases and often exist, if at all, in financial distress or as the aftermath of financial distress - unless they are tied to a utility or not-for-profit cooperative. In the -19- rare circumstances where they exist, incumbent cable operators cannot afford to ignore such wireline competition. But they already face vigorous competition from DBS in virtually every community that they serve. And the services they offer and the prices they charge are already dictated and driven by such competition - whether or not they face an additional wireline competitor. Overbuilders may enter the market with prices that are lower than these competitive prices. And incumbent cable operators may have no choice but to reduce their prices to such levels. But, as we have shown, these lower prices are either not economically sustainable by the overbuilders or are sustainable only because of anomalous artificial cost advantages and subsidies that are not available to incumbent operators. Whether or not overbuilders ever figure out a sustainable business model, their current model cannot serve as a benchmark for assessing the prices and conduct of cable operators in today's highly competitive video marketplace. 1 Assessing the Policy Implications of Overbuild Competition Steven S. Wildman Michigan State University February 9, 2004 I. Introduction Unlike the situation prior to the emergence of the national direct broadcast satellite (DBS) television services in the mid-1990's, it is indisputable that cable operators face direct competition in the provision of their primary service, multichannel television. Today the local cable operator competes directly with two highly successful DBS services who, nationwide, have captured approximately 22 percent of all multichannel television service customers.1 Most operators also now offer a high speed Internet service for which they face competition from the incumbent local telephone company and frequently a number of other suppliers of high speed data services as well. And a small but growing fraction of cable operators offer voice telephony in competition with at least one, and increasingly, several telephone companies. The question now is whether this multifaceted competition, and especially the competition between the cable and DBS providers of multichannel video services, is intense enough to provide consumers with the benefits of lower prices and better services policymakers expect competition to provide. 1 Federal Communications Commission, Annual Assessment of the Status of Video Competition in the Market for the Delivery of Video Programming, Tenth Annual Report, MB Docket No. 03-172, Released January 28, 2004, Appendix B, Table B-1. 2 In a tiny fraction (less than two percent) of the communities they serve, incumbent cable operators also compete with newer wireline providers of multichannel video service, commonly known as "overbuilders." Although it is not always the case, a few empirical studies have suggested that on average prices are lower in markets with overbuild competition than in markets where the incumbent is the only wireline provider of multichannel video service.2 These studies have not systematically controlled for short run factors, such as low introductory prices charged by recent entrants and the presence of competitors who are not viable long-term, that might drive prices below their competitive equilibrium levels. Nevertheless, their findings have been offered as evidence that prices charged by cable operators in non-overbuild communities are too high. Unfortunately, the world is more complex than this simple argument would imply and the evidence offered is not, by itself, sufficient to support the claim that is made. While the claim that lower prices in overbuilt communities are an indicator that prices in other cable communities are too high might be true, it may also be false. Because there are situations in which market prices may fall below the efficient market standard 2 The most recent published study is an article by J. A. Karikari, S. M. Brown and A. D. Abramowitz, "Subscriptions for direct broadcast satellite and cable television in the US: an empirical analysis," Information Economics and Policy, vol. 15 (2003), pp. 1-15. Karikari, Brown and Abramowitz estimate that overbuild competition produces an approximately 10 percent reduction in cable prices. Their coefficient estimate is similar in magnitude to that found in an empirical study using earlier data by Dertouzos and Wildman, but the price effect in the Dertouzos and Wildman study was not statistically distinguishable from zero by commonly applied criteria for statistical significance. See, J. N. Dertouzos and S. S. Wildman, "Regulatory Standards: The Effect of Broadcast Signals on Cable Television," in R. Noll and M. Price, eds., A Communications Cornucopia, Brookings Institution, 1998. In its October 2003 Report, "Issues Related to Competition and Subscriber Rates in the Cable Television Industry," the GAO reports finding that overbuild competition reduced cable TV rates by about 15 percent. 3 associated with a competitive equilibrium, policymakers must take care to determine that the lower prices are in fact the efficient competitive prices and that the market structures generating those prices are sustainable in the long term. While consumers may benefit if supracompetitive prices are lowered, they may also be hurt by deteriorating quality and the exit of service providers if companies are forced to set prices below their competitive levels. To convincingly demonstrate that lower prices in overbuild markets show that prices in non-overbuild markets are too high it would be necessary to provide: (1) evidence that cable prices charged in overbuild communities might reasonably be interpreted as competitive equilibrium prices, and (2) empirical support for the proposition that the prices (and numbers of competitors) observed in these markets would also be sustainable long-term in communities currently not served by overbuilders. Until evidence supporting the existence of both of these relationships is provided, the argument that lower prices in overbuild markets show that prices in other cable markets are too high must be considered empirically unsubstantiated. On the other hand, this argument would be empirically refuted by a demonstration that either of these relationships does not hold. To this end, I have reviewed data on overbuild competitors and the communities they serve compiled from a NCTA-commissioned study by Kagan World Media3 and data descriptive of cable communities and markets from trade data sources. My review of this evidence suggests that it is highly likely that prices in overbuild communities are below long-run competitive levels and that, unless recent and/or new technological 3 Kagan World Media, "Survey of Incumbent Cable Operators in Overbuild Communities," January 2003. See Attachment A. 4 developments substantially change the economics of competition in multichannel video services, the overbuilders in these communities are not equilibrium features of the markets they serve. Furthermore, based on the US experience with overbuild competition to date, it would be dangerous to assume that overbuilders could profitably enter and offer services in the typical community in which a single cable company currently competes with the two satellite services. The analysis that lead me to these conclusions is presented in the remainder of this report, which is organized as follows. Section II briefly describes the properties of a competitive equilibrium and identifies factors unrelated to differences in competitiveness that may lead to departures from a competitive equilibrium. Indicators of when such factors may be influencing overbuild markets are then discussed. Section III uses the framework presented in Section II to classify overbuilders and assess the long-term viability of overbuilders in current overbuild communities. The implications of this exercise for the interpretation of earlier studies comparing cable prices in communities with and without overbuild systems is then discussed. Section IV builds on the findings presented in Section III to examine the usefulness of the experience with overbuild services in the United States for assessing how close prices for cable services in communities without overbuilders come to their competitive equilibrium values. The findings of the study are summarized in Section V. 5 II. Competitive Prices and the Competitive Market Standard A. Using the competitive market standard to judge market performance The competitive price standard commonly employed in policy analyses is the long-run equilibrium price of the textbook model of a perfectly competitive market. In a perfectly competitive market in equilibrium, each buyer pays no more than the cost of the output purchased and sellers' revenues are just sufficient to cover their costs. Because price paid is a measure of value delivered to the buyer, this equation of cost with value at the margin indicates that the market is providing the maximum value possible with the resources at hand. The market output associated with this desirable state is the competitive equilibrium output or supply. Departures from equilibrium values for prices and outputs may rightly be interpreted as evidence that the societal resources employed to serve a market are not delivering the value they should. 4 Policy intervention may be warranted if departures from equilibrium are not naturally corrected by market forces. Thus, for example, if output was held below its competitive equilibrium value for an extended period of time, the increase in price attendant on the reduction in supply would be a measure of how much the added value to consumers from increasing output might exceed the cost of doing so. Similarly, if supply exceeded its competitive equilibrium value, price would fall to less than the cost of delivering the market's product or service, and the excess of cost over price could be 4 For a straightforward presentation of the basic argument for the efficiency advantages of competitive equilibrium prices and quantities, see F. M. Scherer, Industrial Market Structure and Economic Performance, Second Edition, Rand McNally Publishing Company: Chicago, 1980, Chapter 2. 6 interpreted as a measure of how much more value the resources employed could contribute to society if used to create other goods and services. Because observed prices may be above or below their competitive market values, the simple observation that the price for a product or service is lower in one market than in another is not sufficient to determine which, if either, is closest to the competitive equilibrium price. For this reason, policy-driven comparisons of prices in different markets must be sensitive to the implications of factors that may cause prices (and numbers of competitors) to depart from their equilibrium values. Analysts must also be sensitive to the possibility that differences in underlying demand and/or cost conditions may lead to differences among markets in equilibrium prices and numbers of competitors, which is considered in Section IV. The remainder of this section focuses on factors that may cause prices and numbers of competitors to differ from equilibrium values and how these might be incorporated in a study of competition in the supply of multichannel subscription television services. Four types of factors other than deficiencies in the competitive process may cause prices and numbers of competitors to depart from their competitive equilibrium values. These are: (1) Errors in judgment by entrants, potential entrants and incumbents, which may include bets on new technologies, (2) Changes in market conditions, (3) Low, but unsustainable, introductory prices, and (4) Government policies. Each of these four types of factors should be considered in constructing a sample of communities with overbuilders, which I will call a comparison sample, to be compared with communities not served by overbuilders to assess the competitive performance of the latter. 7 B. Errors in judgment by entrants, potential entrants, and incumbents The ideal of a competitive equilibrium that has become a touchstone of competition policy analysis is an analytical abstraction, the properties of which rest on a set of assumptions that are at best only approximated in real world markets. Critical among these assumptions is that market participants be completely informed about cost and demand conditions and about the strategies employed by their competitors. The reality, of course, is that market participants are never perfectly informed and are constantly scouring the market and the larger economic and political environment for bits of information that might help them better align their strategies with the true states of the markets they serve. Because they must work with incomplete information, the decision to commit resources to provide service in a market always entails some risk of loss as well as the possibility of gain. 5 This is true for firms already serving a market as well as for firms contemplating entry. Entry in competitive markets is always an uncertain prospect because entrants must predict on the basis of incomplete information the reception their products will receive once they are introduced and the costs they will incur in supplying them. Potential entrants may err by both underestimating the profits they might earn if they enter and by overestimating their post-entry profits. Both types of mistakes will be corrected by the market in the long run, but the short term impacts will be quite different. The first type of mistake will be corrected either through the entry of other firms who more accurately assess their prospects, or as high prices and high profits earned by 5 For a recent treatment of how uncertainty about demand conditions influences firms' entry strategies, see G. Pacheco-de-Ameida and P. Zemsky, "The Effect of Time-to-Build on Strategic Investment Under Uncertainty," RAND Journal of Economics, Vol. 34 (2003), pp. 166-182, 8 incumbents cause initially unenthusiastic potential entrants to change their minds. The short-term consequences of potential entrants' failures to take advantage of opportunities for profitable entry will thus be prices that exceed their competitive equilibrium values. It is important to note, however, that prices that exceed competitive equilibrium levels are not evidence that markets that are less than competitive if there is nothing to prevent the entry of new competitors to bring about the efficient competitive outcome in the long term. The price-effects of entry spurred by overly-optimistic predictions of post-entry profits are just the opposite of those for overly pessimistic forecasts that delay entry in markets where entrants could prosper. When the number of firms in a market exceeds the number the market can realistically support, the competition to determine who remains in the market will often drive prices to levels that are too low to cover the costs of investments and ongoing operations in the long term. Visible signs of failed investments of this type would include business closures, reorganizations under the protection of bankruptcy, and the sale of assets at less than their original cost. However, not all failed investments will be publicly revealed because owners with sufficient resources may choose to keep open business that cover their operating costs even if they don't fully recover their sunk investments. Just as entrants may misjudge market circumstances or their own capabilities and enter when it is inefficient to do so, so may incumbents invest in new services or capacity that fail to generate revenues commensurate with their costs. Depending on their magnitude, incumbent mistakes of this type may lead to the same financial consequences just described for failed entrants. 9 Incumbents may also make mistakes that encourage entry in situations in which it would not normally occur. For example, an incumbent cable operator, whether through inattentiveness, lack of capital, or a wrong bet on the direction and implications of technological change, may fail to upgrade its plant in a timely manner, leaving it unable to supply the quality, breadth and variety of services a more up-to-date operator could profitably provide. Because a market served by such an operator is in effect underserved, an opening may be created for profitable entry that would not have arisen had the incumbent been on its toes. The consequences of entry of this type are good for consumers, and, because the threat of entry by suppliers using more advanced technology gives incumbents an incentive to continually improve their services, beneficial to society at large. Nevertheless, as long as entry in response to incumbent inefficiency remains the exception rather than the rule, it would be inappropriate to regard prices in markets where this occurs as reliable benchmarks for evaluating cable prices generally. The competitive equilibrium standard assumes a market served by efficient competitors and in the long run it must be expected that inefficient cable operators will exit the markets they currently serve. Evidence that entrants were responding to opportunities created by inefficient incumbents would include entry concentrated in markets where incumbents failed to keep up with the rest of the industry in upgrading their services and facilities. 10 C. Changes in market conditions Equilibrium prices and the number of firms a competitive market can support may both change with changes in market demand and changes in the costs firms incur in supplying the market. Increased demand is typically associated with a larger number of firms in equilibrium while increases in costs tend to increase equilibrium prices and may reduce the number of viable competitors. Of course the opposite is true when demand and costs fall. Because entry and exit are both time consuming processes, new equilibria may lag considerably the changes that produced them and prices during the transition may differ considerably from their values in either the original or the new equilibrium. New technologies are important agents of market change. 6 Advances in technology may lower costs or make possible delivery of combinations of services that were not feasible with earlier generations of technology. New firms can be expected to adopt these technologies from their inception, while incumbents may find it more prudent to adopt them more slowly over time as they replace or enhance existing facilities. Anticipated cost savings and the possibility of selling different mixes of services may stimulate entry in markets where entry otherwise would not have occurred. Optimism based on the allure of new technologies often turns out to be unfounded, however, and ventures built on them may fail, as we recently witnessed with the implosion of so may of the early dotcom businesses. But even when the investments supporting technologydriven entry are proved wise in hindsight, it is inappropriate to view post entry prices as 6 For example, D. Clark shows how evolution in the local loop technology underlying Internet access may change the nature of competition to provide Internet access to consumers. D. Clark, "Implications of Local Loop Technology for Industry Structure," in S. E. Gillett and I. Vogelsang, eds., Competition, Regulation, and Convergence: Current Trends in Telecommunications Policy Research, Lawrence Erlbaum Associates, Publishers: Mahwah, NJ, 1999, pp. 283-296. 11 evidence of what competitive prices would have been pre-entry with the older technology. Instead, costs and prices are likely to depend on the technology employed. Furthermore, entrants employing new technologies should not be counted as permanent features of their markets until they have demonstrated the viability of their business plans. D. Low, but unsustainable, introductory prices It is not uncommon for firms entering a market to offer their products or services at prices too low to cover their costs over the long term. They do this to rapidly build their customer base to a level large enough to ensure profitability once prices return to sustainable levels. Incumbents often respond to such tactics with lower prices of their own. Because market prices frequently rebound to higher levels once entrants' initial price-cutting strategies have run their course, it is important that prices in markets with recent entry not be used as competitive benchmarks for prices in other markets. E. Government policies. Due to their powers of taxation and regulation, decisions made by governments at all levels may significantly affect the costs of doing business and the prices charged by firms serving local markets. As a result, differences in local government policies may lead to substantial differences in local prices and the numbers of firms serving local markets Privately-owned cable operators must acquire franchises to provide service from local regulatory authorities, and franchises are typically awarded contingent on the operator meeting obligations specified by the local authority. Such obligations may 12 substantially increase the cost to an operator of providing service in a local community. Variation in franchise obligations is one reason cable prices may differ among communities. Because franchise obligations influence costs, they also affect the prospects for entry by new cable providers. Results of the survey described in more detail later in this report suggest that in a number of communities franchise authorities have favored entrants with less onerous, and thus less costly, franchise obligations than those of the incumbent operators already serving these markets. While the cost advantages of more favorable regulatory treatment may be a powerful inducement to entry in some markets, and prices may fall when entry occurs, it clearly would be a mistake to attribute either entry or any subsequent reductions in prices to the workings of competitive forces when the entry occurs in response to a regulatory advantage. In a number of overbuild communities, the competition to a privately-owned incumbent operator comes from a government-owned system. Because a cable system operated as a government service serves both political and economic goals, and especially because the economic constraint of earning a market-return on capital investments cannot be assumed to apply to government-owned enterprises, it would be inappropriate to use prices in markets with government-owned systems as benchmarks for competitive prices. III. Overbuilder Viability and the Questionable Value of Price Comparisons The discussion of Section II makes clear that a number of factors might cause the prices and numbers of competitors in a market to depart from their long-run competitive values. For this reason, if comparisons of overbuild markets to markets without overbuilders are employed to inform a policy analysis, it is important that the overbuild 13 markets employed be ones for which the likelihood is small that prices and numbers of competitors differ substantially from the competitive equilibrium values for these markets. While it is not possible in practice to guarantee that prices and the number of competitors observed in any given market are at their long-run equilibrium values, it is possible with the framework developed in Section II to identify markets mostly likely to be tainted by factors known to be potential sources of bias and exclude them from any comparison samples. This section reports the results of such an exercise using data for a sample of 433 communities with an overbuilder presence7 (the overbuild data set), based on a study of overbuilders by Kagan World Media commissioned by NCTA,8 which was supplemented with additional information from trade data sources compiled by NCTA. The analysis presented in this report is a secondary analysis of this data. The sample and the methodology employed in constructing it are described in Section III.A. A set of potential comparison samples constructed using the framework developed in Section II is described in Section III.B. The implications of this exercise in classification and comparison sample construction for policy interpretations of comparisons of prices in cable communities with and without overbuild services are discussed in Section III.C. 7 Some of the overbuild franchises awarded were not built out or never offered service. The data set includes these communities along with those built out that offered service as communities with an overbuilder presence. 8 Kagan World Media, "Survey of Incumbent Cable Operators in Overbuild Communities," January 2003. 14 A. The overbuild data set NCTA retained veteran cable industry analyst John Mansell of Kagan World Media to conduct and supervise the data collection regarding overbuilds from the incumbent cable operator in each overbuild market with the goal of identifying and gathering information on all of the wireline systems that compete with incumbent cable television systems in the United States. NCTA used Kagan World Media data from the 2003 Broadband Cable Financial Databook9 to identify 465 "Cable TV competitive franchises," which Kagan considers a near-comprehensive listing of existing overbuild franchises as of mid-2003 when the data in the Databook was compiled. The Kagan data lists the City and State and name of each Overbuilder. NCTA used a Nielsen Media Research database (FOCUS) to identify the incumbent cable system operators in each of these communities. NCTA then developed a survey instrument to collect information about the challenger in each market. Specifically, the survey included questions addressing the following overbuilder characteristics: 1. Name of current overbuilder. 2. The year in which overbuild commenced service. 3. Capacity of overbuilder (in MHz) 4. List of services offered by overbuilder . 5. Ownership Information. Is the overbuild owned by local government (town, city or county), a utility company (gas, electric), a local telephone company, a co-op, or privately owned. 6. Name of incumbent at the time of overbuild. 7. Similarity of build-out requirements. 8. Demographics of neighborhoods where overbuild currently offers service. 9. The population density of the markets targeted. 9 Kagan World Media, 2003 Broadband Cable Financial Databook, pp.81-84. 15 10. Sales/acquisition information. Whether current owner is the original owner and sales price if not. 11. Similarity of franchising requirements to those of incumbent. The survey of incumbent cable operators was conducted between October 21, 2003 and January 2, 2004. Each MSO (or individual system if not affiliated with the Top 10 MSOs) was provided an electronic copy of the questionnaire and a list of communities where their companies faced a wireline competitor according to the Kagan data. In some cases, the MSOs collected the data directly from their cable systems and forwarded their results on to John Mansell and in other cases the data was collected by Mansell at the system level. Since a few overbuilders have exited the business in recent years, public information about these companies was used to collect data for these observations. All data gathered from the questionnaires and public sources were tabulated electronically by Mansell to create the spreadsheet attached to this report. In total, information on 433 communities was collected and compiled. Because survey respondents identified several overbuilders that had entered their communities in late 2003 or early 2004 after Kagan stopped collecting information for the 2003 Databook, the final tally was 470 identified communities with an overbuilder presence. Survey respondents did not provide information for 39 of the 114 former Ameritech New Media franchises sold by SBC to WideOpenWest, which is two more than the difference between the 470 communities identified and the 433 in the sample for which information was collected. This suggests that two of the former Ameritech New Media franchises 16 may have been missed in the Kagan census of cable communities, or, perhaps shut down since their sale to WideOpenWest.10 B. Constructing comparison samples Of the 433 overbuild communities identified by the survey, 62 had overbuilders that had already failed,11 six were identified as failing,12 and 15 had not yet begun to build out their franchises or were not yet offering service at the time of the survey. Clearly failed and failing franchises do not belong in a comparison sample, and systems that are not operating provide no performance measures. Therefore all 83 communities with failed, failing and not built systems were eliminated from the comparison sample. These deletions reduced the sample to 350. While not classified as failed or failing systems because they are still in business and offering service, an additional 76 communities were served by overbuilders who purchased their plant from previous owners at a small fraction of the original construction cost. (Systems serving 77 communities were sold for less than cost, but one of them also failed.) The fact that the original owners of these systems were forced to sell them for substantial discounts relative to their investments in them shows that that the markets they served did not generate revenues sufficient to both cover their operating costs and provide a fair return on upfront investments. There are numerous potential buyers capable of operating these systems. Therefore, the ability of the actual buyers to pick up 10 All 114 of the former Ameritech New Media systems are assumed to still be providing service in their franchise communities in various calculations reported below. 11 This includes operators who failed after offering services, which is the majority of this category, and operators who experienced financial failure before commencing service. 12 These operators were either in the process of filing for bankruptcy or in negotiations with creditors. 17 them up at pennies on the dollar shows that they would not have been willing to pay the full costs of building these systems if that were the price of entry. Systems in these communities are properly classified as the types of investor mistakes that will be eliminated from competitive markets in the long run. Subtracting the 76 systems purchased for less than original construction costs leaves 274 systems in the comparison sample. 31 of the communities with overbuilders were served by municipally-owned systems, but one is one of the failed systems eliminated above. Because such systems are likely to be operated to address political as well as economic goals, and because access to public funding is likely to be reflected in both build and pricing decisions, these systems must also be eliminated from the comparison sample, leaving a total of 244. 244 is the absolute maximum number of overbuild communities that might retained in the comparison sample. Call this sample CS1. There are several reasons to believe that the number of communities served by overbuilders where two cable services might plausibly be viable in a competitive equilibrium is substantially smaller than the 244 communities in CS1. One reason is the 107 communities identified by survey participants where the overbuilder came in with new plant to compete against an incumbent who had fallen behind industry standards in upgrading its facilities. As explained in Section II, an inefficient incumbent may create an attractive opportunity for a more efficient entrant, but the competitive equilibrium used as a standard for policymaking is one in which efficient firms compete against each other. To ensure that the comparison sample is not tainted by the inclusion of communities whose overbuilders entered in response to incumbent incompetence, overbuild communities where the 18 incumbent operates outdated plant should be eliminated from the comparison sample as well. Overbuilders in eight of the 107 overbuild communities with incumbents operating outdated systems were municipally owned, 52 were purchased at a fraction of construction cost, four had failed or failing systems, and one had a failed/failing system purchased at a fraction of its buildout cost. As all of these communities were already excluded from CS1, we are left with an additional 42 overbuild communities served by inefficient incumbents that probably should be subtracted from CS1 to ensure that inefficient incumbents do not bias the sample. Call the resulting sample CS2. CS2 has 202 cable communities. A second reason to believe that that CS1 includes many communities where overbuild competition is not likely to be sustained in a competitive equilibrium is that the 76 communities served by overbuilders who purchased prior operators' assets for less than construction cost were identified through publicly-available documents. These are all the communities for which system cost and purchase price was found. An additional 39 communities served by systems operated by second or subsequent owners were identified by survey respondents. Given the numbers of failed and failing systems and the fact that systems for which information on construction cost and sales price was found were sold at less than cost, it seems likely that many, if not most, of the resold systems for which construction cost and purchase price were not available were also sold at a loss. At any rate, the strong possibility that they were sold for less than cost suggests that they should be eliminated from the comparison sample. In six of the communities served by these second (or subsequent) owner systems, the incumbent was operating outdated plant 19 and thus was already eliminated from the comparison sample. If we subtract the remaining 33 communities from CS2 to completely eliminate the possibility that failed systems are included in the comparison sample, we are left with 169 communities. Call this sample CS3. The possibility that local politics played a role in entry decisions must be also be considered in situations in which overbuilders' franchise authority-imposed conditions for operation differ from those required of the incumbent. This is a third reason to believe that CS1, as well as CS2 and CS3, includes communities in which overbuilders would not be viable in a true competitive equilibrium. While cost advantages based on regulatory favoritism may be a reason for entry, entry in such cases cannot be considered the outcome of a competitive process. Respondents to the survey identified a total of 96 communities for which the overbuilder did not have the same franchise requirements as the incumbent and 103 communities where the overbuilder was not required to serve the entire franchise area. To eliminate the possibility that the overbuilder's entry decision was based on favorable regulatory treatment, communities where the overbuilder and the incumbent have different franchise and build-out requirements should also be eliminated from the comparison sample. Subtracting these communities from CS1, CS2 and CS3 would produce the most restricted, but methodologically purest, comparison samples. Call these purer samples CS1P, CS2P and CS3P. CS1P has 131 communities, CS2P has 109 communities, and CS3P has 94 communities. It is striking how few communities remain in the comparison sample when all identifiable sources of potential bias are eliminated. 20 Table 1 Eliminating Sources of Bias from Comparison Samples Complete Sample CS1 CS2 CS3 CS1P CS2P CS3P 433 244 202 169 131 109 94 A fourth reason to believe that all the comparison samples just described, including the last three, include communities served by systems that are not long-term viable is that the vast majority of systems for which no financial information was available were assumed to be viable. That is, if some of the systems for which no financial data was available were failing, they would have been misclassified as viable. If overbuilders for which financial data is not available experience financial difficulties and failure at the same rate as those for which data is available, then most of these systems have been misclassified. In addition, the newness of many of the overbuilders in the sample also introduces a bias against a failed or failing classification because the process of failure has not yet had time to work itself out, which is a fifth reason to believe that the comparison samples include communities served by systems that in the long run will be proved nonviable. C. The questionable relevance of overbuild price studies for cable policy The question of whether overbuild competition lowers cable prices is relevant for policymaking only if the overbuilders in the overbuild communities examined are realizing market returns on their infrastructure investments. The results of the study of 21 overbuilder viability reported in Section III.B show that it would be incautious to assume long-term viability for more than a small fraction of existing overbuilders. For the remaining systems, any effects they might have on prices in the markets they serve should be considered departures from equilibrium prices. Because studies of the price effects of overbuild competition reported to date did not control for viability with anything close to the rigor applied in the study reported in Section III.B, the odds are high that many, and perhaps most, of the overbuilders included in these studies were the products of failed investments. This being the case, it would be inappropriate to rely on the findings of these studies to assess the competitiveness of cable prices in communities without overbuilders. IV. The Real Lessons from the US Experience with Overbuild Competition The statistics on indicators of overbuilder viability presented in Section II.B provide strong reasons to suspect that most of the current crop of overbuild services likely are not viable participants in the markets they serve in the long term. The 365 communities currently served by privately-owned overbuilders constitute just 1.1% of the approximately 33,000 cable-served communities in the United States.13 The fact that overbuilders are offering services in such a small fraction of US cable communities suggests that in general potential investors in such services view their prospects as poor. The trend of overbuilder entry over time tells the same story. Table 2 presents data on the number of communities in the entire Kagan sample entered by privately-owned overbuilders for two-year intervals from 1995 through the present. 13 365 is calculated as 433 communities in the sample minus a total of 77 that either never offered service or failed minus 30 operating municipally-owned systems plus 39 former Ameritech New Media franchises not in the sample but assumed to still be operating. This count includes a handful of co-operatives that may be non-profit. 22 Table 2 Overbuilder Entry Over Time (built-out commercial systems) Pre-1995 1995-1996 1997-1998 1999-2000 2001-2002 2003-2004 No Entry Date 33 46 66 77 70 17 42 The Cable Act of 199214 eliminated any statutory authority local franchise authorities may once have had to restrict franchise awards to incumbent providers and the Telecommunications Act of 199615 (Telecom Act) provided further encouragement to entry in local markets for communications services, including cable. The pace of overbuilder entry did increase beginning in 1997, but this also coincided with increased adoption of new technologies that would allow the provision of high speed data and telephone services over cable plant throughout the cable industry, so it is difficult to know to what extent the Telecom Act, as opposed to the lure of new technologies, influenced the pace of overbuilder entry. Missing data on entry dates for some communities make it impossible to determine exactly how much entry occurred in each of the periods listed in Table 2, but we can determine reasonable upper bounds on the rate of entry. The 17 startups identified for 2003-2004 represent Kagan observations for a little more than the first half of 2003 plus a few additional entrants identified by survey respondents after that time. If 14 47 USC § 541 (a) (1). 15 47 USC §§ 251et seq. 23 we assume all 17 started up in the first half of 2003, this would reflect a two-year entry rate of 68, which is close to the pace of entry for the prior three two-year periods. Entry date is provided for 74 of the 75 former Ameritech New Media communities in the sample, and all were from 1996 to 2001. If we assign the remaining 39 Ameritech New Media franchises to the six years from 1977 through 2002, total private entry would have been 252, or 42 per year. This pace amounts to entry into just under thirteen onehundredths of one percent (0.0013) of US cable communities annually. Data on the technology deployed in communities with overbuilders presented later in Table 3 shows that a higher percentage of the 42 communities for which date of overbuilder entry was not provided are served by overbuild systems utilizing last generation technology with no advanced features than is indicated for the pre-1995 communities in the built-out sample. If we assume instead that entry in all of these communities occurred from 1997 through 2002, total entry during the period would have been 294, the average annual rate of entry would have been 49, and the average fraction of cable communities entered annually would have been fifteen one-hundredths of one percent (0.0015). These figures on the pace of overbuilder entry may be interpreted in either of two ways. If, counter to the evidence developed in Section III, overbuilders are assumed viable in all of the communities they serve, the failure of the overbuild strategy to catch on elsewhere suggests that potential investors in overbuild systems have serious doubts that they can be profitable in other cable communities. That is, the capital market response to the experience with overbuild operations accumulated in the US to date 24 suggests that there is little confidence a second cable system can be viable in a typical cable community. The second interpretation of the data on entry presented above is more consistent with the evidence on overbuilder viability presented in Section III.B. That is that the capital market has seen overbuild operations fail repeatedly and has concluded that in general overbuild systems are not good business opportunities. By both interpretations of the entry data, it seems clear that investors have concluded that in general competitive markets that include two satellite services will not support a second cable provider of multichannel video services, at least with the technologies currently available. If there are exceptions to this general conclusion, the best bets would seem to be overbuilds operated by telephone companies and co-operatives in small rural communities. Of the 382 communities in the sample with built out systems, a total of 244 survived the various elimination criteria to be included in CS1, for a survival rate of 64 percent.16 Yet of the 89 communities with built out systems currently operated by telephone companies, 86 are in CS1. These communities are predominantly small and rural. Community population is available for 76 of the 86 communities in CS1 served by telco-owned systems. Nearly 59 percent have fewer than 15,000 residents, 47 percent are communities with fewer than 10,000 residents, and approximately 36 percent are communities with fewer than 5,000 residents. Over six percent of these telco-served communities have fewer than 1,500 residents. All ten built-out communities served by 16 The 39 former Ameritech New Media systems not included in the larger sample would not have been in CS1 in any case because Ameritech New Media sold its systems to WideOpenWest for substantially less than the cost of building them. 25 cable co-operatives are in CS1.17 Nine of these communities had fewer than 10,000 residents, six had fewer than 5,000. (Population was not listed for one of the co-op communities.) It is not clear why rural telephone companies and co-operatives may be more successful than other types of owners as operators of overbuild systems. One possibility is that closer relationships with customers in smaller communities make it easier for rural telephone companies to sell new services, and perhaps the co-operative organizational form may have advantages in small, close-knit communities. It may also be the case that with convergence the natural long-run market structure in small communities is one with a single wireline provider of video, high speed data and voice services and what we are witnessing is a necessary step toward that future if the local telephone company is to be the surviving wireline competitor. Whatever the reason, the character of these rural settings likely is not replicable in the more typical urban cable communities. A closer look at the data collected in the Kagan study suggests that most of the more recent overbuild experiments were inspired by the capabilities of relatively recent technological advances that make it possible to use cable plant to provide telephony and high speed Internet service in addition to more traditional video services. Table 3 adds to the entry data reported in Table 2 numbers and percentages of entrants offering the combination of video, high-speed Internet and telephony (the three bundled services) and the numbers of entrants offering either the three bundled services or the two services of video plus high speed Internet service. 17 Systems serving two of the overbuild communities operated by telephone co-operatives were counted as co-op operated rather than telephone company operated. 26 Table 3 New Technology and Overbuild Entry Decisions (built-out commercial systems) Pre- 1995 1995- 1996 1997- 1998 1999- 2000 2001- 2002 2003- 2004 No Entry Date Number of Communities 33 46 66 77 70 17 42 # 3 Bundled Services 7 15 30 61 38 14 3 % 3 Bundled Services 21.2% 32.6% 45.5% 79.2% 54.3% 82.4% 7.1% # HSD or 3 Bundled Services 23 40 61 70 63 15 12 % HSD or 3 Bundled Services 69.7% 87.0% 92.4% 90.9% 90.0% 88.2% 28.6% Table 3 shows a heavy reliance on high-speed data or high-speed data and telephony technology strategies by overbuilders, including those who entered prior to the Telecom Act, and that reliance on multi-service platforms has in general been increasing over time. Notable is the growing percentage of overbuilders offering video services, high speed Internet service, and telephony, which has averaged well over 50 percent from 1999 on. As was discussed in Section II, new entrants into established markets are often inspired by the potential they perceive in new technologies. It is also frequently the case 27 that pre-entry optimism is shown unwarranted by the post-entry market responses to the entrants' products and services. At least at this point, capital markets appear to have concluded that the overbuilder strategy is not one that can profitably be applied in most cable markets, even when it is supported by advanced distribution technology and triple play service offerings. However, even if this were not the case and we restricted our attention to overbuilders with the most technologically advanced systems, it would still be inappropriate to assume that prices observed in overbuild communities are the prices that should prevail in communities without overbuild systems. If the future is one in which all wireline competitors offer multi-service bundles, we are still early in the transition to that future. Because the new technologies imply different cost structures and, with multi-service offerings, new strategies for exploiting demand, there is no way to know how competitive prices with the new technologies will compare to competitive prices with the old technologies, or how prices might move during a period of transition. V. Conclusions A close look at overbuilders and the communities they serve shows that it would be imprudent to use prices in these communities as benchmarks for evaluating prices in other cable communities. The competitive price standard employed for policy analysis assumes competition among firms able to cover their investment and operating costs from the revenues they generate. The evidence reviewed in this report suggests that this likely is not the case for many, and perhaps most, of the overbuilders operating in the United States today. To the contrary, the evidence for a high rate of financial failure is compelling and it would be analytically inappropriate to view the effects on price of 28 systems that can't recover their own investment costs as evidence of how competitive multichannel video markets should behave. The fact that only a tiny fraction of a percent of cable communities attract overbuilder entry in any given year in itself suggests that most knowledgeable potential investors see little prospects for profit in the overbuilder strategy. Empirical studies of the price effects of overbuild competition have not controlled for overbuilder viability or for the possibility that new overbuilders may be charging low introductory prices to rapidly build market share. For this reason, these studies shed no light on what competitive cable service prices might be. Even if this was not the case, the failure of capital markets to support a broad rollout of overbuild systems suggests that the conditions under which overbuild operations can thrive are quite different from those in the typical cable community. Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs 20 cities RI ABI La Crescent MN ACE Comm. 4,239 2003 Camarillo CA Adelphia 57,077 Encinitas CA Adelphia 58,014 1991 Malibu CA Adelphia 12,575 1996 Oxnard CA Adelphia 170,358 Port Hueneme CA Adelphia 21,845 1998 San Marcos CA Adelphia 54,977 1991 Ventura CA Adelphia 100,916 Flora IL Advance Technologies 5,086 2002 Alameda CA Alameda Power 72,259 2002 Algona IA Algona Municipal Util. 5,741 2002 Evanston WY All West Comm. 11,507 2001 Alta IA Altatec 1,865 2000 Arcadia CA Altrio 53,054 2001 Monrovia CA Altrio 36,949 2002 San Gabriel Valley CA Altrio 39,084 2001 Sierra Madre CA Altrio 10,578 2004 Ann Arbor MI American Broadband 114,024 E. Lansing MI American Broadband 46,525 Lansing MI American Broadband 119,128 St. Joseph Twp. MN Astound Broadband 4,681 2001 Pultney OH Bellaire Cable TV 4,892 1978 Bartlett TN BellSouth South Dade County FL BellSouth 2,253,362 1999 Winder GA BellSouth 10,201 Cherokee County GA BellSouth Entertainment 141,903 1996 Cobb County GA BellSouth Entertainment 607,751 1996 Duluth GA BellSouth Entertainment 22,122 1996 Gwinnett County GA BellSouth Entertainment 588,448 1996 Roswell GA BellSouth Entertainment 79,334 1996 Woodstock GA BellSouth Entertainment 10,050 1996 Chamblee GA BellSouth Interactive 9,552 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 1 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs DeKalb GA BellSouth Interactive 665,865 St. John's County FL BellSouth Interactive 1999 Fallowfield PA Bentleyville Cable 2,502 1998 Albany NY Berkshire Tel 1,275 1995 Rapid City SD Black Hills GLA 59,607 2001 Skagit County WA Black Rock Cable 102,979 Snohomish County WA Black Rock Cable 606,024 Whatcom County WA Black Rock Cable 166,814 Braintree MA Braintree Elec. Light 33,828 2001 Elizabethtown/Hardi KY Brandenburg Telecom 22,542 2001 Ocala FL BrightHouse 45,943 1979 Abington VA Bristol Virginia Utilities 7,780 2003 Glade Spring VA Bristol Virginia Utilities 1,374 2003 Horton Twp. PA Brockway TV 1997 Kane PA Brockway TV 4,126 1997 Bryan OH Bryan Municipal Cable 1,833 1999 Waterville OH Buckeye Cable 4,828 1999 Maryland Hts MO Cable America 25,756 1991 Mesa AZ Cable America 396,375 1988 Sacramento CA Cable America 407,018 1990 Cameron LA Cameron Tel. 1,965 2003 Hackberry LA Cameron Tel. 1,699 2003 Charlotte NC Carolina Broadband 540,828 Columbia SC Carolina Broadband 116,278 Durham NC Carolina Broadband 187,035 Greensboro NC Carolina Broadband 223,891 Greenville SC Carolina Broadband 56,002 Raleigh NC Carolina Broadband 276,093 Spartanburg SC Carolina Broadband 39,673 Winston Salem NC Carolina Broadband 185,776 Cedar Falls IA Cedar Falls Utilities 36,145 1996 Clearview WV Centre TV 590 1979 Ohio County WV Centre TV 47,427 1979 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 2 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Warwood WV Centre TV 1979 Urbana OH Champaign County Tel 11,613 2001 Denver CO Champion Broadband 554,636 2000 Lakewood CO Champion Broadband 144,126 2000 Kanawha County WV Charter 200,073 1985 Terre Haute IN Charter 59,614 1992 Danville VA Chatmoss Tel. 48,411 1991 Hayward MN Chequamegon Coop 249 2001 Barron WI Chibardun Coop 3,248 1998 Camron WI Chibardun Coop 1,546 1998 Chetek WI Chibardun Coop 2,180 1998 Unity Twp. PA Citizens Cable 1997 Daleville AL City Cablevision 4,653 1994 Bridgeport CT City of Bridgeport 139,529 Galesburg IL City of Galesburg Lebanon OH City of Lebanon 16,962 1999 Negaunee MI City of Negaunee 4,576 1985 Clear Lake IA CL Tel 8,161 2002 Lake County FL Clear Link 210,528 2001 Bellmead TX ClearSource (Grande) Lacy-Lakeview TX ClearSource (Grande) Monroe LA CMA Cablevision 53,107 1985 Coldwater MI Coldwater BPU 12,697 1998 Columbus Grove OH Columbus Grove Tel. 1997 Dothan AL Comcast 57,737 1981 Monroe MI Comcast 22,076 1995 Parkersburg WV Community Antenna 33,099 1998 Ashtabula VA Conneaut Tel. 20,962 2001 Painesville OH Conneaut Tel. 17,503 2001 Big Lake MN Connections 6,063 2001 Barrington RI Cox 16,819 2002 Bristol RI Cox 22,469 2002 Central FL Cox 2001 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 3 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Central FL Cox 2003 Claremore OK Cox 15,873 1998 Spotsylvania VA Cox 1991 Warren RI Cox 11,360 2002 Arma KS Craw-Kan Tel. Coop 1,529 2002 Franklin KS Craw-Kan Tel. Coop 2002 State College PA D&E Comm. 1997 Britton MI D&P Cable 699 2002 Morenci OH D&P Cable 2,398 1998 Darien GA Darien Cable 1,719 2003 Middleburg NJ DeCom Charlotte NC DeCom Corp 540,828 Blissfield MI Deerfield Farmers Tel 3,223 1996 Delhi NY Delhi Tel. 2,583 2001 Indianapolis IN Digital Access 781,870 Kansas City MO Digital Access 441,545 Milwaukee WI Digital Access 596,974 Nashville TN Digital Access 1,270,520 Austin TX Digital Union 656,562 Chippewa Twp. OH Doylestown Comm. 1997 Doylestown Village OH Doylestown Comm. 2,799 1997 Elberton GA Elberton Utilities 4,743 2001 Willmar MN En-Tel 18,351 2000 Eden Prairie MN Everest Edina MN Everest Hopkins MN Everest Minnetonka MN Everest Lenexa KS Everest Connections 40,238 2001 Mission KS Everest Connections 9,727 2001 Mission KS Everest Connections St. Charles County MO Everest Connections O'Fallon MO Everest/WideOpenWest Fairburn GA Fairburn Utilities 5,464 1997 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 4 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Bridgeport CT FiberVision 139,529 Hartford CT FiberVision 121,578 New Haven CT FiberVision 123,626 Elk Grove CA Frontier 59,984 2004 Laurens IA Future Net 1,476 1998 Blackwell OK Get LLC 7,688 1998 Dothan AL Graceba 57,737 1999 Dothan AL Graceba 57,737 2000 Alamo Heights TX Grande Comm. 7,319 2000 Austin TX Grande Comm. 656,562 2003 Balcones Heights TX Grande Comm. 3,016 2000 Castle Hilles TX Grande Comm. 4,202 2000 Cibolo TX Grande Comm. 3,035 2000 Corpus Christi TX Grande Comm. 277,454 2000 Houston TX Grande Comm. 1,953,631 new Kirby TX Grande Comm. 8,673 2000 Leon Valley TX Grande Comm. 9,239 2000 Live Oak TX Grande Comm. 9,156 2000 Midland TX Grande Comm. 94,996 2000 Odessa TX Grande Comm. 90,943 2000 Olmos Park TX Grande Comm. 2,343 2000 San Antonio TX Grande Comm. 1,144,646 2000 San Marcos TX Grande Comm. 34,733 2003 Schetz TX Grande Comm. 18,694 2000 Selma TX Grande Comm. 788 2000 Terrell Hills TX Grande Comm. 5,019 2000 Waco TX Grande Comm. 113,726 1999 Windcrest TX Grande Comm. 5,105 2000 Greenville TX Greenville Elec. Util. 23,960 1999 Grundy Center IA Grundy Center Munic. 2,596 1998 Savannah GA Hargray Comm. 33,862 2001 Harlan IA Harlan Municipal Util. 5,282 1996 Hartwell GA Hart Cable 4,188 2002 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 5 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Winona MN Hiawatha Broadband 27,069 1999 Hawarden IA HiTec Municipal 2,478 1997 Mason County WA Hood Canal Cable 49,905 1993 Shelton WA Hood Canal Cable 8,422 1993 Chillicothe OH Horizon Telecom 21,796 2000 Conway SC Horry Tel. Coop 11,788 1999 Georgetown SC Horry Tel. Coop 8,950 2001 Horry County SC Horry Tel. Coop 196,629 1980 N. Myrtle Beach SC Horry Tel. Coop 10,974 2001 Cecil PA HTC Comm. 9,756 1996 Houston PA HTC Comm. 1,314 1996 Mt. Pleasant PA HTC Comm. 4,728 1996 Independence IA Indep. Light & Power 6,014 2000 Kenmore NY Intertech Private Cable Kenton-Boone City KY Kenton Boone City Augusta GA Knology 195,182 1998 Charleston SC Knology 173,890 2000 Huntsville AL Knology 158,216 1993 Knoxville TN Knology 173890 2000 Louisville KY Knology 96,650 1998 Nashville (Mid. TN) TN Knology 704,431 Panama City FL Knology 36,417 1993 Summerville/Dorches. SC Knology 27,752 2000 Durand MI Lennon Tel. Co. 3,933 1998 Lexington NC LexCom Davidson County NC Lexicom Cable Ser. 147,246 1997 Fallsburg KY Lycom 2,018 Little Rock AR Lyncstar 183,133 Sauk Centre MN Mainstreet Comm. 3,930 1999 Milledgeville GA Mallard Cablevision 18,575 1996 Naples FL Marco Island Cable 14,879 1990 Cedar Rapids IA McLeod 120,573 1998 Memphis TN Memphis Networx Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 6 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Shelby County TN Memphis Networx Albany NY Midtel Cable TV 1,398 1995 Anne Arundel Cnty MD Millennium 489,656 1999 Social Circle GA Monroe Utilities 3,379 1996 Walton County GA Monroe Utilities 11,407 1979 Morristown NJ Morristown Util. System 18,544 Dodgeville WI Mount Horeb Telecom 4,220 2002 Murray KY Murray Electric 2,400 2001 Minster OH New Knoxville Tel. 2,794 1995 Moulton OH New Knoxville Tel. 2001 Bakersfield CA Newhouse 247,057 Coweta County GA Newman Utilities 89,215 1996 Tyrone GA Newman Utilities 3,196 2001 Iron Mountian MI Northside Cable TV 8,154 2000 Norwood MA Norwood Elec. Light 28,578 2002 New Ulm MN NuTel 13,594 2001 Ft. Worth TX One Source 13,594 1997 Osage IA Osage Municipal Util. 3,451 2002 Livingston TN Overton County Cable 3,498 1986 Auburn ME Oxford Networks 23,203 2004 Lewiston ME Oxford Networks 35,690 2004 Bemidji MN Paul Bunyan Tel 11,917 2000 Lower Burrell PA PCOM Comm. 12,608 2003 Pembroke WV Pembroke Tel 1991 Houston TX Phonoscope 1,953,631 1986 Colman SD Prairie Wave 2001 Flandreau SD Prairie Wave 2,376 2001 Gayville SD Prairie Wave 2001 Luverne MN Prairie Wave 4,617 2000 Marshall MN Prairie Wave 12,735 1999 Pipestone MN Prairie Wave 4,280 1999 Slayton MN Prairie Wave 2,072 2000 Storm Lake IA Prairie Wave 10,076 2000 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 7 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Tracy MN Prairie Wave 2,268 1999 Worthington IA Prairie Wave 2000 Yankton SD Prairie Wave 13,528 2000 Albany NY Princetown Cable 61,821 1990 Rupert ID Project Mutual Tel Coop 5,645 1995 Provo UT Provo Cable/Provo 105,166 1993 Poteau OK Quality Entertainment 7,939 Boulder CO Qwest 94,673 1999 Chandler AZ Qwest 176,581 1999 Douglas County CO Qwest 175,776 1999 Gilbert AZ Qwest 109,697 1999 Glendale AZ Qwest 218,812 1999 Maricopa County AZ Qwest 3,072,149 1999 Omaha NE Qwest 390,007 1995 Paradise Valley AZ Qwest 13,664 1999 Peoria AZ Qwest 108,364 1999 Phoenix AZ Qwest 1,321,043 1999 Scottsdale AZ Qwest 202,705 1999 Eatonville WA Ranier Group 2,012 1995 Pierce County WA Ranier Group 700,820 1995 Arlington MA RCN 42,389 1997 Bayonne NJ RCN 61,842 Beverly Hills CA RCN 33,784 Boston MA RCN 589,141 1997 Brookline MA RCN 57,107 1997 Burlingame CA RCN 28,158 2000 Burlington MA RCN 22,876 1997 Carson CA RCN 89,730 2001 Chicago IL RCN 2,896,016 1999 Daly City CA RCN 103,621 1999 Dedham MA RCN 23,464 1997 Delaware County PA RCN 550,864 2000 Framingham MA RCN 66,910 1997 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 8 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Gardena CA RCN 57,746 2001 Hermosa Beach CA RCN 18,566 Hoboken NJ RCN 38,577 Lexington MA RCN 30,355 1997 Marlborough MA RCN 36,255 2001 Milton MA RCN 26,062 2000 Natick MA RCN 32,170 1997 Needham MA RCN 28,911 1997 New York NY RCN 8,008,278 1999 Newton MA RCN 83,829 1997 Quincy MA RCN 88,025 1999 Randolph MA RCN 30,963 2000 Redwood City CA RCN 75,402 2003 S. San Francisco CA RCN 776,733 1999 San Carlos CA RCN 27,718 2000 San Mateo CA RCN 92,482 2001 Saugus MA RCN 26,078 2001 Somerville MA RCN 77,478 1997 Stoneham MA RCN 22,219 2000 Stoneham MA RCN 22,219 1997 Wakefield MA RCN 24,804 1997 Waltham MA RCN 59,226 1997 Watertown MA RCN 32,986 1997 Weymouth MA RCN 53,988 2001 Winchester MA RCN 20,810 2000 Woburn MA RCN 37,258 1997 Falls Church VA RCN Starpower 10,377 1999 Fredricksburg VA RCN Starpower 19,279 1999 Reinbeck IA Reinbeck Tel. & Util. St. John the Baptist LA Reserve Telecom 43,044 2000 Archbold OH Ridgeville Tel 4,290 2001 Colby KS S&T Comm. 5,450 2003 Cave City KY S.Central Rural Tel. 1,880 2002 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 9 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Hiseville KY S.Central Rural Tel. 222 2002 Horse Cave KY S.Central Rural Tel. 2,252 2002 Concord CA Seren Innovations 121,780 2001 St. Cloud MN Seren Innovations 59,107 1998 Walnut Creek CA Seren Innovations 64,296 2002 Plaquemine LA Service One 7,064 1993 Newburgh IN Sigecom 3,088 2000 Spanish Fork UT Spanish Fork Com. Net 20,246 2001 Spencer IA Spencer Munic. Util. 11,317 2000 Arlington VA Starpower 189,453 2000 Montgomery Cnty MD Starpower 873,341 1999 Prince George's Cnty MD Starpower 801,515 Washington DC Starpower 572,059 2000 Sacramento CA Strategic Technologies 407,018 1996 Houston County GA SunTel 110,765 Sacramento CA Sure West 407,018 2003 Pierce County WA Tacoma Power 7,000,820 1998 St. Marys OH Telephone Service Co. 8,324 2003 Wapakoneta OH Telephone Service Co. 9,474 1999 Dothan AL Time Warner 57,737 Louisville KY TotalLink (Utilicom/Vectren) Houston TX TV Max 1,953,631 1989 Cincinnati (N. Ohio) OH TWC 331,285 1999 Citrus County FL TWC 118,085 Leander TX TWC 7,596 Mount Airy NC TWC 8,484 1996 Orlando FL TWC 185,951 Pflugerville TX TWC 16,335 Poway CA TWC 48,044 1961 San Diego CA TWC 1,223,400 1961 Tampa FL TWC 303,447 Chula Vista CA Ultronics 173,556 1987 National City CA Ultronics 54,260 1987 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 10 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Cobb County GA United Telesystems 607,751 2001 Park Rapids MN Unitel (W.Central Tel.) 3,276 1998 Salem IL US Sonet 7,909 2003 Centerville GA Watson Cable 4,278 Lake Wildwood GA Watson Cable 1991 Macon GA Watson Cable 97,255 Warner Robins GA Watson Cable 48,804 Berea OH WideOpenWest 18,970 1996 Berkley MI WideOpenWest 15,531 2001 Bexley OH WideOpenWest 13,203 1996 Brentwood MO WideOpenWest Brook Park OH WideOpenWest 21,218 1998 Brooklyn OH WideOpenWest 11,586 1998 Canton MI WideOpenWest 76,366 1996 Centerline MI WideOpenWest 8,531 2001 Chicago IL WideOpenWest 2,896,016 1998 Chicago Heights IL WideOpenWest 32,776 1998 Clawson MI WideOpenWest 12,732 2001 Clinton MI WideOpenWest 95,648 2001 Clinton Twp OH WideOpenWest 1,337 1996 Colorado Springs CO WideOpenWest Columbus OH WideOpenWest 711,470 1996 Crestwood IL WideOpenWest 11,251 1998 Creve Coeur MO WideOpenWest Des Plaines IL WideOpenWest 58720 1998 Dublin OH WideOpenWest 31,392 1996 Eastpointe MI WideOpenWest 34,077 2001 Elgin IL WideOpenWest 94,487 1998 Fairview Park OH WideOpenWest 17,572 1997 Ferndale MI WideOpenWest 22,105 2001 Fraser MI WideOpenWest 15,297 2001 Gahanna OH WideOpenWest 32,636 1996 Garfield Heights OH WideOpenWest 30,734 1999 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 11 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Glen Ellyn IL WideOpenWest 2,699 1998 Glenview IL WideOpenWest 41,847 1998 Grandview Heights OH WideOpenWest 6,695 1996 Hammond IN WideOpenWest 83,048 1998 Harrison Twp MI WideOpenWest 24,461 2001 Harvey IL WideOpenWest 30,000 1998 Hilliard OH WideOpenWest 24,230 1996 Jackson Twp. OH WideOpenWest 6,184 1996 Kirkwood MO WideOpenWest Lakeville MN WideOpenWest Macomb MI WideOpenWest 50,478 Madison Hts MI WideOpenWest 31,101 2001 Manchester MO WideOpenWest Maple Heights OH WideOpenWest 26,156 1999 Maplewood MO WideOpenWest Marble Cliff OH WideOpenWest 646 1996 Middleburg Heights OH WideOpenWest 15,542 1997 Mifflin Twp. OH WideOpenWest 705 1996 Minerva Park OH WideOpenWest 1,288 1996 Mount Clemens MI WideOpenWest 17,312 2001 Mount Prospect IL WideOpenWest 56,265 1998 Naperville IL WideOpenWest 128,358 1998 New Rome OH WideOpenWest 60 1996 North Olmsted OH WideOpenWest 34,113 1996 North Royalton OH WideOpenWest 28,648 1997 Northville MI WideOpenWest 6,459 1996 Oak Forest IL WideOpenWest 28,051 1998 Obetz OH WideOpenWest 3,977 1996 Orland Park IL WideOpenWest 51,077 1998 Palos Park IL WideOpenWest 4,689 1998 Palos Park IL WideOpenWest 4,689 1998 Perry Twp. OH WideOpenWest 1,195 1996 Plymouth MI WideOpenWest 9,022 1996 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 12 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs Prospect Park IL WideOpenWest 17,081 1998 Riverlea OH WideOpenWest 499 1996 Robbins IL WideOpenWest 6,635 1998 Rochester MI WideOpenWest 10,467 2001 Rochester Hills MI WideOpenWest 68,825 2001 Royal Oak MI WideOpenWest 60,062 2001 Schaumburg IL WideOpenWest 75,386 1998 Shaker Heights OH WideOpenWest 29,405 1999 Sharon Twp. OH WideOpenWest 1996 South Holland IL WideOpenWest 22,147 1998 St. Ann MO WideOpenWest St. Clair Shores MI WideOpenWest 63,096 2001 St. Louis MO WideOpenWest St. Peters MO WideOpenWest Sterling Hts. MI WideOpenWest 124,471 2001 Streamwood Village IL WideOpenWest 36,407 1998 Strongsville OH WideOpenWest 43,858 1998 Troy MI WideOpenWest 80,959 2001 University City MO WideOpenWest Upper Arlington OH WideOpenWest 33,686 1996 Utica MI WideOpenWest 4,577 2001 Valley View OH WideOpenWest 2,179 2001 Vernon Hills IL WideOpenWest 20,120 1998 Warren MI WideOpenWest 138,247 2001 Westlake OH WideOpenWest 31,719 1997 Wheeling IL WideOpenWest 34,496 1998 Worthington OH WideOpenWest 14,125 1996 Minneapolis MN WideOpenWest/Everest Richfield MN WideOpenWest/Everest Austin TX WIN 656,562 Houston TX WIN 1,953,631 Phoenix AZ WIN 1,321,045 San Diego CA WIN 1,223,400 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 13 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Population Began Not Orginial Owner Offers High- Speed Internet Offers Bundled Services (Voice, Video, Data) New Firm that purchased assets for small fraction of orginal costs San Francisco CA WIN 776,733 Las Vegas NV WIN 478,434 Seattle WA WIN/RCN 563,374 Texline TX XIT Comm. 7,237 2001 Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 14 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER 20 cities RI ABI La Crescent MN ACE Comm. Camarillo CA Adelphia Encinitas CA Adelphia Malibu CA Adelphia Oxnard CA Adelphia Port Hueneme CA Adelphia San Marcos CA Adelphia Ventura CA Adelphia Flora IL Advance Technologies Alameda CA Alameda Power Algona IA Algona Municipal Util. Evanston WY All West Comm. Alta IA Altatec Arcadia CA Altrio Monrovia CA Altrio San Gabriel Valley CA Altrio Sierra Madre CA Altrio Ann Arbor MI American Broadband E. Lansing MI American Broadband Lansing MI American Broadband St. Joseph Twp. MN Astound Broadband Pultney OH Bellaire Cable TV Bartlett TN BellSouth South Dade County FL BellSouth Winder GA BellSouth Cherokee County GA BellSouth Entertainment Cobb County GA BellSouth Entertainment Duluth GA BellSouth Entertainment Gwinnett County GA BellSouth Entertainment Roswell GA BellSouth Entertainment Woodstock GA BellSouth Entertainment Chamblee GA BellSouth Interactive Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 15 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER DeKalb GA BellSouth Interactive St. John's County FL BellSouth Interactive Fallowfield PA Bentleyville Cable Albany NY Berkshire Tel Rapid City SD Black Hills GLA Skagit County WA Black Rock Cable Snohomish County WA Black Rock Cable Whatcom County WA Black Rock Cable Braintree MA Braintree Elec. Light Elizabethtown/Hardi KY Brandenburg Telecom Ocala FL BrightHouse Abington VA Bristol Virginia Utilities Glade Spring VA Bristol Virginia Utilities Horton Twp. PA Brockway TV Kane PA Brockway TV Bryan OH Bryan Municipal Cable Waterville OH Buckeye Cable Maryland Hts MO Cable America Mesa AZ Cable America Sacramento CA Cable America Cameron LA Cameron Tel. Hackberry LA Cameron Tel. Charlotte NC Carolina Broadband Columbia SC Carolina Broadband Durham NC Carolina Broadband Greensboro NC Carolina Broadband Greenville SC Carolina Broadband Raleigh NC Carolina Broadband Spartanburg SC Carolina Broadband Winston Salem NC Carolina Broadband Cedar Falls IA Cedar Falls Utilities Clearview WV Centre TV Ohio County WV Centre TV Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 16 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Warwood WV Centre TV Urbana OH Champaign County Tel Denver CO Champion Broadband Lakewood CO Champion Broadband Kanawha County WV Charter Terre Haute IN Charter Danville VA Chatmoss Tel. Hayward MN Chequamegon Coop Barron WI Chibardun Coop Camron WI Chibardun Coop Chetek WI Chibardun Coop Unity Twp. PA Citizens Cable Daleville AL City Cablevision Bridgeport CT City of Bridgeport Galesburg IL City of Galesburg Lebanon OH City of Lebanon Negaunee MI City of Negaunee Clear Lake IA CL Tel Lake County FL Clear Link Bellmead TX ClearSource (Grande) Lacy-Lakeview TX ClearSource (Grande) Monroe LA CMA Cablevision Coldwater MI Coldwater BPU Columbus Grove OH Columbus Grove Tel. Dothan AL Comcast Monroe MI Comcast Parkersburg WV Community Antenna Ashtabula VA Conneaut Tel. Painesville OH Conneaut Tel. Big Lake MN Connections Barrington RI Cox Bristol RI Cox Central FL Cox Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 17 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Central FL Cox Claremore OK Cox Spotsylvania VA Cox Warren RI Cox Arma KS Craw-Kan Tel. Coop Franklin KS Craw-Kan Tel. Coop State College PA D&E Comm. Britton MI D&P Cable Morenci OH D&P Cable Darien GA Darien Cable Middleburg NJ DeCom Charlotte NC DeCom Corp Blissfield MI Deerfield Farmers Tel Delhi NY Delhi Tel. Indianapolis IN Digital Access Kansas City MO Digital Access Milwaukee WI Digital Access Nashville TN Digital Access Austin TX Digital Union Chippewa Twp. OH Doylestown Comm. Doylestown Village OH Doylestown Comm. Elberton GA Elberton Utilities Willmar MN En-Tel Eden Prairie MN Everest Edina MN Everest Hopkins MN Everest Minnetonka MN Everest Lenexa KS Everest Connections Mission KS Everest Connections Mission KS Everest Connections St. Charles County MO Everest Connections O'Fallon MO Everest/WideOpenWest Fairburn GA Fairburn Utilities Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 18 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Bridgeport CT FiberVision Hartford CT FiberVision New Haven CT FiberVision Elk Grove CA Frontier Laurens IA Future Net Blackwell OK Get LLC Dothan AL Graceba Dothan AL Graceba Alamo Heights TX Grande Comm. Austin TX Grande Comm. Balcones Heights TX Grande Comm. Castle Hilles TX Grande Comm. Cibolo TX Grande Comm. Corpus Christi TX Grande Comm. Houston TX Grande Comm. Kirby TX Grande Comm. Leon Valley TX Grande Comm. Live Oak TX Grande Comm. Midland TX Grande Comm. Odessa TX Grande Comm. Olmos Park TX Grande Comm. San Antonio TX Grande Comm. San Marcos TX Grande Comm. Schetz TX Grande Comm. Selma TX Grande Comm. Terrell Hills TX Grande Comm. Waco TX Grande Comm. Windcrest TX Grande Comm. Greenville TX Greenville Elec. Util. Grundy Center IA Grundy Center Munic. Savannah GA Hargray Comm. Harlan IA Harlan Municipal Util. Hartwell GA Hart Cable Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 19 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Winona MN Hiawatha Broadband Hawarden IA HiTec Municipal Mason County WA Hood Canal Cable Shelton WA Hood Canal Cable Chillicothe OH Horizon Telecom Conway SC Horry Tel. Coop Georgetown SC Horry Tel. Coop Horry County SC Horry Tel. Coop N. Myrtle Beach SC Horry Tel. Coop Cecil PA HTC Comm. Houston PA HTC Comm. Mt. Pleasant PA HTC Comm. Independence IA Indep. Light & Power Kenmore NY Intertech Private Cable Kenton-Boone City KY Kenton Boone City Augusta GA Knology Charleston SC Knology Huntsville AL Knology Knoxville TN Knology Louisville KY Knology Nashville (Mid. TN) TN Knology Panama City FL Knology Summerville/Dorches. SC Knology Durand MI Lennon Tel. Co. Lexington NC LexCom Davidson County NC Lexicom Cable Ser. Fallsburg KY Lycom Little Rock AR Lyncstar Sauk Centre MN Mainstreet Comm. Milledgeville GA Mallard Cablevision Naples FL Marco Island Cable Cedar Rapids IA McLeod Memphis TN Memphis Networx Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 20 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Shelby County TN Memphis Networx Albany NY Midtel Cable TV Anne Arundel Cnty MD Millennium Social Circle GA Monroe Utilities Walton County GA Monroe Utilities Morristown NJ Morristown Util. System Dodgeville WI Mount Horeb Telecom Murray KY Murray Electric Minster OH New Knoxville Tel. Moulton OH New Knoxville Tel. Bakersfield CA Newhouse Coweta County GA Newman Utilities Tyrone GA Newman Utilities Iron Mountian MI Northside Cable TV Norwood MA Norwood Elec. Light New Ulm MN NuTel Ft. Worth TX One Source Osage IA Osage Municipal Util. Livingston TN Overton County Cable Auburn ME Oxford Networks Lewiston ME Oxford Networks Bemidji MN Paul Bunyan Tel Lower Burrell PA PCOM Comm. Pembroke WV Pembroke Tel Houston TX Phonoscope Colman SD Prairie Wave Flandreau SD Prairie Wave Gayville SD Prairie Wave Luverne MN Prairie Wave Marshall MN Prairie Wave Pipestone MN Prairie Wave Slayton MN Prairie Wave Storm Lake IA Prairie Wave Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 21 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Tracy MN Prairie Wave Worthington IA Prairie Wave Yankton SD Prairie Wave Albany NY Princetown Cable Rupert ID Project Mutual Tel Coop Provo UT Provo Cable/Provo Poteau OK Quality Entertainment Boulder CO Qwest Chandler AZ Qwest Douglas County CO Qwest Gilbert AZ Qwest Glendale AZ Qwest Maricopa County AZ Qwest Omaha NE Qwest Paradise Valley AZ Qwest Peoria AZ Qwest Phoenix AZ Qwest Scottsdale AZ Qwest Eatonville WA Ranier Group Pierce County WA Ranier Group Arlington MA RCN Bayonne NJ RCN Beverly Hills CA RCN Boston MA RCN Brookline MA RCN Burlingame CA RCN Burlington MA RCN Carson CA RCN Chicago IL RCN Daly City CA RCN Dedham MA RCN Delaware County PA RCN Framingham MA RCN Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 22 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Gardena CA RCN Hermosa Beach CA RCN Hoboken NJ RCN Lexington MA RCN Marlborough MA RCN Milton MA RCN Natick MA RCN Needham MA RCN New York NY RCN Newton MA RCN Quincy MA RCN Randolph MA RCN Redwood City CA RCN S. San Francisco CA RCN San Carlos CA RCN San Mateo CA RCN Saugus MA RCN Somerville MA RCN Stoneham MA RCN Stoneham MA RCN Wakefield MA RCN Waltham MA RCN Watertown MA RCN Weymouth MA RCN Winchester MA RCN Woburn MA RCN Falls Church VA RCN Starpower Fredricksburg VA RCN Starpower Reinbeck IA Reinbeck Tel. & Util. St. John the Baptist LA Reserve Telecom Archbold OH Ridgeville Tel Colby KS S&T Comm. Cave City KY S.Central Rural Tel. Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 23 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Hiseville KY S.Central Rural Tel. Horse Cave KY S.Central Rural Tel. Concord CA Seren Innovations St. Cloud MN Seren Innovations Walnut Creek CA Seren Innovations Plaquemine LA Service One Newburgh IN Sigecom Spanish Fork UT Spanish Fork Com. Net Spencer IA Spencer Munic. Util. Arlington VA Starpower Montgomery Cnty MD Starpower Prince George's Cnty MD Starpower Washington DC Starpower Sacramento CA Strategic Technologies Houston County GA SunTel Sacramento CA Sure West Pierce County WA Tacoma Power St. Marys OH Telephone Service Co. Wapakoneta OH Telephone Service Co. Dothan AL Time Warner Louisville KY TotalLink (Utilicom/Vectren) Houston TX TV Max Cincinnati (N. Ohio) OH TWC Citrus County FL TWC Leander TX TWC Mount Airy NC TWC Orlando FL TWC Pflugerville TX TWC Poway CA TWC San Diego CA TWC Tampa FL TWC Chula Vista CA Ultronics National City CA Ultronics Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 24 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Cobb County GA United Telesystems Park Rapids MN Unitel (W.Central Tel.) Salem IL US Sonet Centerville GA Watson Cable Lake Wildwood GA Watson Cable Macon GA Watson Cable Warner Robins GA Watson Cable Berea OH WideOpenWest Berkley MI WideOpenWest Bexley OH WideOpenWest Brentwood MO WideOpenWest Brook Park OH WideOpenWest Brooklyn OH WideOpenWest Canton MI WideOpenWest Centerline MI WideOpenWest Chicago IL WideOpenWest Chicago Heights IL WideOpenWest Clawson MI WideOpenWest Clinton MI WideOpenWest Clinton Twp OH WideOpenWest Colorado Springs CO WideOpenWest Columbus OH WideOpenWest Crestwood IL WideOpenWest Creve Coeur MO WideOpenWest Des Plaines IL WideOpenWest Dublin OH WideOpenWest Eastpointe MI WideOpenWest Elgin IL WideOpenWest Fairview Park OH WideOpenWest Ferndale MI WideOpenWest Fraser MI WideOpenWest Gahanna OH WideOpenWest Garfield Heights OH WideOpenWest Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 25 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Glen Ellyn IL WideOpenWest Glenview IL WideOpenWest Grandview Heights OH WideOpenWest Hammond IN WideOpenWest Harrison Twp MI WideOpenWest Harvey IL WideOpenWest Hilliard OH WideOpenWest Jackson Twp. OH WideOpenWest Kirkwood MO WideOpenWest Lakeville MN WideOpenWest Macomb MI WideOpenWest Madison Hts MI WideOpenWest Manchester MO WideOpenWest Maple Heights OH WideOpenWest Maplewood MO WideOpenWest Marble Cliff OH WideOpenWest Middleburg Heights OH WideOpenWest Mifflin Twp. OH WideOpenWest Minerva Park OH WideOpenWest Mount Clemens MI WideOpenWest Mount Prospect IL WideOpenWest Naperville IL WideOpenWest New Rome OH WideOpenWest North Olmsted OH WideOpenWest North Royalton OH WideOpenWest Northville MI WideOpenWest Oak Forest IL WideOpenWest Obetz OH WideOpenWest Orland Park IL WideOpenWest Palos Park IL WideOpenWest Palos Park IL WideOpenWest Perry Twp. OH WideOpenWest Plymouth MI WideOpenWest Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 26 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Prospect Park IL WideOpenWest Riverlea OH WideOpenWest Robbins IL WideOpenWest Rochester MI WideOpenWest Rochester Hills MI WideOpenWest Royal Oak MI WideOpenWest Schaumburg IL WideOpenWest Shaker Heights OH WideOpenWest Sharon Twp. OH WideOpenWest South Holland IL WideOpenWest St. Ann MO WideOpenWest St. Clair Shores MI WideOpenWest St. Louis MO WideOpenWest St. Peters MO WideOpenWest Sterling Hts. MI WideOpenWest Streamwood Village IL WideOpenWest Strongsville OH WideOpenWest Troy MI WideOpenWest University City MO WideOpenWest Upper Arlington OH WideOpenWest Utica MI WideOpenWest Valley View OH WideOpenWest Vernon Hills IL WideOpenWest Warren MI WideOpenWest Westlake OH WideOpenWest Wheeling IL WideOpenWest Worthington OH WideOpenWest Minneapolis MN WideOpenWest/Everest Richfield MN WideOpenWest/Everest Austin TX WIN Houston TX WIN Phoenix AZ WIN San Diego CA WIN Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 27 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER San Francisco CA WIN Las Vegas NV WIN Seattle WA WIN/RCN Texline TX XIT Comm. Failed Overbuild Failing Overbuild Overbuilds which have yet to be built Overbuild targeted nonrebuilt communities Overbuild is affiliated with a Utility Overbuilder is owned by Coop Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 28 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER 20 cities RI ABI La Crescent MN ACE Comm. Camarillo CA Adelphia Encinitas CA Adelphia Malibu CA Adelphia Oxnard CA Adelphia Port Hueneme CA Adelphia San Marcos CA Adelphia Ventura CA Adelphia Flora IL Advance Technologies Alameda CA Alameda Power Algona IA Algona Municipal Util. Evanston WY All West Comm. Alta IA Altatec Arcadia CA Altrio Monrovia CA Altrio San Gabriel Valley CA Altrio Sierra Madre CA Altrio Ann Arbor MI American Broadband E. Lansing MI American Broadband Lansing MI American Broadband St. Joseph Twp. MN Astound Broadband Pultney OH Bellaire Cable TV Bartlett TN BellSouth South Dade County FL BellSouth Winder GA BellSouth Cherokee County GA BellSouth Entertainment Cobb County GA BellSouth Entertainment Duluth GA BellSouth Entertainment Gwinnett County GA BellSouth Entertainment Roswell GA BellSouth Entertainment Woodstock GA BellSouth Entertainment Chamblee GA BellSouth Interactive Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 29 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER DeKalb GA BellSouth Interactive St. John's County FL BellSouth Interactive Fallowfield PA Bentleyville Cable Albany NY Berkshire Tel Rapid City SD Black Hills GLA Skagit County WA Black Rock Cable Snohomish County WA Black Rock Cable Whatcom County WA Black Rock Cable Braintree MA Braintree Elec. Light Elizabethtown/Hardi KY Brandenburg Telecom Ocala FL BrightHouse Abington VA Bristol Virginia Utilities Glade Spring VA Bristol Virginia Utilities Horton Twp. PA Brockway TV Kane PA Brockway TV Bryan OH Bryan Municipal Cable Waterville OH Buckeye Cable Maryland Hts MO Cable America Mesa AZ Cable America Sacramento CA Cable America Cameron LA Cameron Tel. Hackberry LA Cameron Tel. Charlotte NC Carolina Broadband Columbia SC Carolina Broadband Durham NC Carolina Broadband Greensboro NC Carolina Broadband Greenville SC Carolina Broadband Raleigh NC Carolina Broadband Spartanburg SC Carolina Broadband Winston Salem NC Carolina Broadband Cedar Falls IA Cedar Falls Utilities Clearview WV Centre TV Ohio County WV Centre TV Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 30 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Warwood WV Centre TV Urbana OH Champaign County Tel Denver CO Champion Broadband Lakewood CO Champion Broadband Kanawha County WV Charter Terre Haute IN Charter Danville VA Chatmoss Tel. Hayward MN Chequamegon Coop Barron WI Chibardun Coop Camron WI Chibardun Coop Chetek WI Chibardun Coop Unity Twp. PA Citizens Cable Daleville AL City Cablevision Bridgeport CT City of Bridgeport Galesburg IL City of Galesburg Lebanon OH City of Lebanon Negaunee MI City of Negaunee Clear Lake IA CL Tel Lake County FL Clear Link Bellmead TX ClearSource (Grande) Lacy-Lakeview TX ClearSource (Grande) Monroe LA CMA Cablevision Coldwater MI Coldwater BPU Columbus Grove OH Columbus Grove Tel. Dothan AL Comcast Monroe MI Comcast Parkersburg WV Community Antenna Ashtabula VA Conneaut Tel. Painesville OH Conneaut Tel. Big Lake MN Connections Barrington RI Cox Bristol RI Cox Central FL Cox Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 31 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Central FL Cox Claremore OK Cox Spotsylvania VA Cox Warren RI Cox Arma KS Craw-Kan Tel. Coop Franklin KS Craw-Kan Tel. Coop State College PA D&E Comm. Britton MI D&P Cable Morenci OH D&P Cable Darien GA Darien Cable Middleburg NJ DeCom Charlotte NC DeCom Corp Blissfield MI Deerfield Farmers Tel Delhi NY Delhi Tel. Indianapolis IN Digital Access Kansas City MO Digital Access Milwaukee WI Digital Access Nashville TN Digital Access Austin TX Digital Union Chippewa Twp. OH Doylestown Comm. Doylestown Village OH Doylestown Comm. Elberton GA Elberton Utilities Willmar MN En-Tel Eden Prairie MN Everest Edina MN Everest Hopkins MN Everest Minnetonka MN Everest Lenexa KS Everest Connections Mission KS Everest Connections Mission KS Everest Connections St. Charles County MO Everest Connections O'Fallon MO Everest/WideOpenWest Fairburn GA Fairburn Utilities Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 32 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Bridgeport CT FiberVision Hartford CT FiberVision New Haven CT FiberVision Elk Grove CA Frontier Laurens IA Future Net Blackwell OK Get LLC Dothan AL Graceba Dothan AL Graceba Alamo Heights TX Grande Comm. Austin TX Grande Comm. Balcones Heights TX Grande Comm. Castle Hilles TX Grande Comm. Cibolo TX Grande Comm. Corpus Christi TX Grande Comm. Houston TX Grande Comm. Kirby TX Grande Comm. Leon Valley TX Grande Comm. Live Oak TX Grande Comm. Midland TX Grande Comm. Odessa TX Grande Comm. Olmos Park TX Grande Comm. San Antonio TX Grande Comm. San Marcos TX Grande Comm. Schetz TX Grande Comm. Selma TX Grande Comm. Terrell Hills TX Grande Comm. Waco TX Grande Comm. Windcrest TX Grande Comm. Greenville TX Greenville Elec. Util. Grundy Center IA Grundy Center Munic. Savannah GA Hargray Comm. Harlan IA Harlan Municipal Util. Hartwell GA Hart Cable Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 33 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Winona MN Hiawatha Broadband Hawarden IA HiTec Municipal Mason County WA Hood Canal Cable Shelton WA Hood Canal Cable Chillicothe OH Horizon Telecom Conway SC Horry Tel. Coop Georgetown SC Horry Tel. Coop Horry County SC Horry Tel. Coop N. Myrtle Beach SC Horry Tel. Coop Cecil PA HTC Comm. Houston PA HTC Comm. Mt. Pleasant PA HTC Comm. Independence IA Indep. Light & Power Kenmore NY Intertech Private Cable Kenton-Boone City KY Kenton Boone City Augusta GA Knology Charleston SC Knology Huntsville AL Knology Knoxville TN Knology Louisville KY Knology Nashville (Mid. TN) TN Knology Panama City FL Knology Summerville/Dorches. SC Knology Durand MI Lennon Tel. Co. Lexington NC LexCom Davidson County NC Lexicom Cable Ser. Fallsburg KY Lycom Little Rock AR Lyncstar Sauk Centre MN Mainstreet Comm. Milledgeville GA Mallard Cablevision Naples FL Marco Island Cable Cedar Rapids IA McLeod Memphis TN Memphis Networx Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 34 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Shelby County TN Memphis Networx Albany NY Midtel Cable TV Anne Arundel Cnty MD Millennium Social Circle GA Monroe Utilities Walton County GA Monroe Utilities Morristown NJ Morristown Util. System Dodgeville WI Mount Horeb Telecom Murray KY Murray Electric Minster OH New Knoxville Tel. Moulton OH New Knoxville Tel. Bakersfield CA Newhouse Coweta County GA Newman Utilities Tyrone GA Newman Utilities Iron Mountian MI Northside Cable TV Norwood MA Norwood Elec. Light New Ulm MN NuTel Ft. Worth TX One Source Osage IA Osage Municipal Util. Livingston TN Overton County Cable Auburn ME Oxford Networks Lewiston ME Oxford Networks Bemidji MN Paul Bunyan Tel Lower Burrell PA PCOM Comm. Pembroke WV Pembroke Tel Houston TX Phonoscope Colman SD Prairie Wave Flandreau SD Prairie Wave Gayville SD Prairie Wave Luverne MN Prairie Wave Marshall MN Prairie Wave Pipestone MN Prairie Wave Slayton MN Prairie Wave Storm Lake IA Prairie Wave Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 35 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Tracy MN Prairie Wave Worthington IA Prairie Wave Yankton SD Prairie Wave Albany NY Princetown Cable Rupert ID Project Mutual Tel Coop Provo UT Provo Cable/Provo Poteau OK Quality Entertainment Boulder CO Qwest Chandler AZ Qwest Douglas County CO Qwest Gilbert AZ Qwest Glendale AZ Qwest Maricopa County AZ Qwest Omaha NE Qwest Paradise Valley AZ Qwest Peoria AZ Qwest Phoenix AZ Qwest Scottsdale AZ Qwest Eatonville WA Ranier Group Pierce County WA Ranier Group Arlington MA RCN Bayonne NJ RCN Beverly Hills CA RCN Boston MA RCN Brookline MA RCN Burlingame CA RCN Burlington MA RCN Carson CA RCN Chicago IL RCN Daly City CA RCN Dedham MA RCN Delaware County PA RCN Framingham MA RCN Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 36 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Gardena CA RCN Hermosa Beach CA RCN Hoboken NJ RCN Lexington MA RCN Marlborough MA RCN Milton MA RCN Natick MA RCN Needham MA RCN New York NY RCN Newton MA RCN Quincy MA RCN Randolph MA RCN Redwood City CA RCN S. San Francisco CA RCN San Carlos CA RCN San Mateo CA RCN Saugus MA RCN Somerville MA RCN Stoneham MA RCN Stoneham MA RCN Wakefield MA RCN Waltham MA RCN Watertown MA RCN Weymouth MA RCN Winchester MA RCN Woburn MA RCN Falls Church VA RCN Starpower Fredricksburg VA RCN Starpower Reinbeck IA Reinbeck Tel. & Util. St. John the Baptist LA Reserve Telecom Archbold OH Ridgeville Tel Colby KS S&T Comm. Cave City KY S.Central Rural Tel. Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 37 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Hiseville KY S.Central Rural Tel. Horse Cave KY S.Central Rural Tel. Concord CA Seren Innovations St. Cloud MN Seren Innovations Walnut Creek CA Seren Innovations Plaquemine LA Service One Newburgh IN Sigecom Spanish Fork UT Spanish Fork Com. Net Spencer IA Spencer Munic. Util. Arlington VA Starpower Montgomery Cnty MD Starpower Prince George's Cnty MD Starpower Washington DC Starpower Sacramento CA Strategic Technologies Houston County GA SunTel Sacramento CA Sure West Pierce County WA Tacoma Power St. Marys OH Telephone Service Co. Wapakoneta OH Telephone Service Co. Dothan AL Time Warner Louisville KY TotalLink (Utilicom/Vectren) Houston TX TV Max Cincinnati (N. Ohio) OH TWC Citrus County FL TWC Leander TX TWC Mount Airy NC TWC Orlando FL TWC Pflugerville TX TWC Poway CA TWC San Diego CA TWC Tampa FL TWC Chula Vista CA Ultronics National City CA Ultronics Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 38 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Cobb County GA United Telesystems Park Rapids MN Unitel (W.Central Tel.) Salem IL US Sonet Centerville GA Watson Cable Lake Wildwood GA Watson Cable Macon GA Watson Cable Warner Robins GA Watson Cable Berea OH WideOpenWest Berkley MI WideOpenWest Bexley OH WideOpenWest Brentwood MO WideOpenWest Brook Park OH WideOpenWest Brooklyn OH WideOpenWest Canton MI WideOpenWest Centerline MI WideOpenWest Chicago IL WideOpenWest Chicago Heights IL WideOpenWest Clawson MI WideOpenWest Clinton MI WideOpenWest Clinton Twp OH WideOpenWest Colorado Springs CO WideOpenWest Columbus OH WideOpenWest Crestwood IL WideOpenWest Creve Coeur MO WideOpenWest Des Plaines IL WideOpenWest Dublin OH WideOpenWest Eastpointe MI WideOpenWest Elgin IL WideOpenWest Fairview Park OH WideOpenWest Ferndale MI WideOpenWest Fraser MI WideOpenWest Gahanna OH WideOpenWest Garfield Heights OH WideOpenWest Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 39 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Glen Ellyn IL WideOpenWest Glenview IL WideOpenWest Grandview Heights OH WideOpenWest Hammond IN WideOpenWest Harrison Twp MI WideOpenWest Harvey IL WideOpenWest Hilliard OH WideOpenWest Jackson Twp. OH WideOpenWest Kirkwood MO WideOpenWest Lakeville MN WideOpenWest Macomb MI WideOpenWest Madison Hts MI WideOpenWest Manchester MO WideOpenWest Maple Heights OH WideOpenWest Maplewood MO WideOpenWest Marble Cliff OH WideOpenWest Middleburg Heights OH WideOpenWest Mifflin Twp. OH WideOpenWest Minerva Park OH WideOpenWest Mount Clemens MI WideOpenWest Mount Prospect IL WideOpenWest Naperville IL WideOpenWest New Rome OH WideOpenWest North Olmsted OH WideOpenWest North Royalton OH WideOpenWest Northville MI WideOpenWest Oak Forest IL WideOpenWest Obetz OH WideOpenWest Orland Park IL WideOpenWest Palos Park IL WideOpenWest Palos Park IL WideOpenWest Perry Twp. OH WideOpenWest Plymouth MI WideOpenWest Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 40 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER Prospect Park IL WideOpenWest Riverlea OH WideOpenWest Robbins IL WideOpenWest Rochester MI WideOpenWest Rochester Hills MI WideOpenWest Royal Oak MI WideOpenWest Schaumburg IL WideOpenWest Shaker Heights OH WideOpenWest Sharon Twp. OH WideOpenWest South Holland IL WideOpenWest St. Ann MO WideOpenWest St. Clair Shores MI WideOpenWest St. Louis MO WideOpenWest St. Peters MO WideOpenWest Sterling Hts. MI WideOpenWest Streamwood Village IL WideOpenWest Strongsville OH WideOpenWest Troy MI WideOpenWest University City MO WideOpenWest Upper Arlington OH WideOpenWest Utica MI WideOpenWest Valley View OH WideOpenWest Vernon Hills IL WideOpenWest Warren MI WideOpenWest Westlake OH WideOpenWest Wheeling IL WideOpenWest Worthington OH WideOpenWest Minneapolis MN WideOpenWest/Everest Richfield MN WideOpenWest/Everest Austin TX WIN Houston TX WIN Phoenix AZ WIN San Diego CA WIN Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 41 Survey of Incumbent Cable Operators in Overbuild Communities Attachment A CITY ST CHALLENGER San Francisco CA WIN Las Vegas NV WIN Seattle WA WIN/RCN Texline TX XIT Comm. Overbuild is municipally owned Overbuild is affiliated with a telecom Overbuilder not required to build out the entire franchise Overbuilder has different franchse requirements Overbuilder targeted high density communities Source: Kagan World Media, Survey of Incumbent Cable Operators in Overbuild Communities, Oct 2003 - Jan 2004; public information and company data. 42 STEVEN S. WILDMAN Curriculum Vitae Michigan State University LECG, Inc. Department of Telecommunication 1603 Orrington Avenue 409 Communication Arts & Sciences Suite 1500 East Lansing, MI Evanston, IL 60201 Tel. (517) 432-8004 Tel. (847) 475-1566 Fax (517) 432-8065 Fax (847) 475-1031 swildman@msu.edu EDUCATION Ph.D., STANFORD UNIVERSITY, Economics, 1980. M.A., STANFORD UNIVERSITY, Economics, 1977. B.A., WABASH COLLEGE, Economics, 1971. PRESENT POSITIONS MICHIGAN STATE UNIVERSITY, Department of Telecommunication. James H. Quello Professor of Telecommunication Studies MICHIGAN STATE UNIVERSITY, Quello Center for Telecommunication Management & Law. Director ACADEMIC AND PROFESSIONAL EXPERIENCE Northwestern University, Department of Communication Studies, 1988-1999. Associate Professor Northwestern University, Program in Telecommunications Science, Management & Policy, 1990- 1999. Director ECONOMISTS INCORPORATED, 1983 - 1988. Senior Economist UNIVERSITY OF CALIFORNIA, Los Angeles, Department of Economics, 1979 - 1983. Assistant Professor RAND CORPORATION, 1981 - 1983. Consultant FELLOWSHIPS AND AWARDS Van Zelst Research Professor of Communication, Northwestern University, 1996-1997 McGannon Award for Social and Ethical Relevance in Communication Policy Research for 1992. Steven S. Wildman Page 2 Ameritech Research Fellow, Northwestern University, 1990 - 1991. Ameritech Research Professorship, Northwestern University, 1989 - 1990. National Science Foundation Fellowship, 1974 - 1977 PUBLICATIONS Books International Trade in Films and Television Programs, with Stephen E. Siwek, Ballinger, 1988.1 Video Economics, with Bruce M. Owen, Harvard University Press, 1992.2 Electronic Services Networks: A Business and Public Policy Challenge, co-edited with Margaret E. Guerin-Calvert, Praeger Publishers, 1991.2 Making Universal Service Policy: Enhancing the Process Through Multidisciplinary Evaluation, co-edited with Barbara A. Cherry and Alan H. Hammond, IV, Lawrence Erlbaum, Publishers, 1999.2 Broadband: Bringing Home the Bits, member of NRC committee authoring report, National Research Council, 2002. Edited Journal Special Issues SPECIAL ISSUE ON TELECOMMUNICATIONS POLICY, Industrial and Corporate Change, vol. 4, 1995. Co-edited with David J. Teece.1 SPECIAL ISSUE ON MEDIA AND MULTIMEDIA, Information Economics and Policy, vol. 10, no. 2. 1998. Journal Articles "Rethinking Access: Introduction to the Symposium Theme and Framework," with Johannes M. Bauer, Law Review of the Michigan State University Detroit College of Law, vol. 2002, No. 3 (Fall 2002).2 "The Market for Television Advertising: Model and Evidence," with B. D. McCullough and R. Kieschnick, Review of Marketing Science, Vol. 1, Issue 2 (Nov. 2001).2 "Preventing Flawed Communication Policies by Addressing Constitutional Principles," with Barbara A. Cherry, Law Review of the Michigan State University Detroit College of Law, vol. 2000, No. 1 (Spring 2000).2 "An Institutional Perspective on Regulatory Regimes and Investment Decisions by Telecommunications Providers," with Barbara A. Cherry, Telecommunications and Broadcasting Networks under EC Law: The Protection Afforded to Consumers and Undertakings in the 1 Senior author. 2 Equal joint author. Steven S. Wildman Page 3 Information Society, Series of Publications by the Academy of European Law Trier, Vol. 27 (2000).2 "Institutional Endowment as Foundation for Regulatory Performance and Regime Transitions: The Role of the US Constitution in Telecommunications Regulation in the United States," with Barbara A. Cherry, Telecommunications Policy, vol. 23, no. 9 (1999).2 "Economic Theories of Tying and Foreclosure Applied--and Not Applied--in Microsoft," with Debra J. Aron, Antitrust, vol. 14, no. 1 (1999), pp. 48-52.2 "Media and Multimedia: The Challenge for Policy and Economic Analysis," in Information Economics and Policy, Vol. No. 1 (1998). "Interconnection Pricing, Stranded Costs, and the Optimal Regulatory Contract", in Industrial and Corporate Change, vol. 6, no 4 (1997). "Introduction: Policy and Strategy for Rapidly Changing Telecommunications Markets," with David Teece, Industrial and Corporate Change, vol. 5, no. 4 (1996). 1 "The Pricing of Customer Access in Telecommunications," with Debra J. Aron, Industrial and Corporate Change, vol. 5, no. 4 (1996). 2 "Network Programming and Off-Network Syndication Profits: Strategic Links and Implications for Television Policy," with Karla Robinson, Journal of Media Economics, Vol. 8, No. 2 (1995).1 "Trade Liberalization and Policy for Media Industries," Canadian Journal of Communication, Vol. 20 (1995). "Network Competition and the Provision of Universal Service," with John C. Panzar, Industrial and Corporate Change, Vol. 4, No. 4 (1995).2 "Funding the Public Telecommunications Infrastructure," with Bruce Egan, Telematics and Informatics, Fall 1994.2 "Toward a New Analytical Framework for Media Policy: Reconciling Economic and Non- Economic Perspectives," with R. Entman, Journal of Communication, Winter 1992. 2 Reprinted in part in Taking Sides: Clashing Views on Controversial Issues in Mass Media and Society, A. Alexander and J. Hanson (eds.), The Duskin Publishing Group, Inc., 1993. "Selecting Advanced Television Standards for the United States: Implications for Trade in Programs and Motion Pictures," Journal of Broadcasting and Electronic Media, Spring 1991. "The Privatization of European Television: Effects on International Markets for Programs," Columbia Journal of World Business, December 1987.1 "A Note on Measuring Surplus Attributable to Differentiated Products," Journal of Industrial Economics, September 1984. "Economic Consequences of the Informational Characteristics of Mass Media," The American Economist, Spring 1981. Steven S. Wildman Page 4 Book Chapters "Broadband Deployment: Toward a More Fully Integrated Policy Perspective", with Johannes M. Bauer and Junghyun Kim, in A. Shampine (ed.), Down to the Wire: Studies in the Diffusion and Regulation of Telecommunications Technologies, Nova Science Press, forthcoming.2 "Conditional Expectations Communication and the Impact of Biotechnology," in S. Braman (ed.), Biotechnology and Communication: The Meta-Technologies of Information, Lawrence Earlbaum Associates, Publishers, forthcoming. "Effecting a Price Squeeze Through Bundled Pricing," with Debra J. Aron , in S. Gillett and I. Vogelsang (eds.), Competition, Regulation and Convergence: Current Trends in Telecommunications Policy Research, Lawrence Erlbaum Associates, Publishers, 1999.2 "Conceptualizing Universal Service Policy: Definitions, Context, Social Process, and Politics," with Barbara A. Cherry. In B. Cherry, S. Wildman and A. Hammond IV (eds.), Making Universal Service Policy: Enhancing the Process Through Multidisciplinary Evaluation, Lawrence Erlbaum Associates, Publishers, 1999.2 "Unilateral and Bilateral Rules: A Framework for Increasing Competition While Meeting Universal Service goals in Telecommunications," with Barbara A. Cherry. In B. Cherry, S. Wildman and A. Hammond IV (eds.)., Making Universal Service Policy: Enhancing the Process Through Multidisciplinary Evaluation, Lawrence Erlbaum Associates, Publishers, 1999.2 "Review of Federal Universal Service Policy in the United States," with Barbara A. Cherry, in B. Cherry, S. Wildman and A. Hammond IV (eds.), Making Universal Service Policy: Enhancing the Process Through Multidisciplinary Evaluation, Lawrence Erlbaum Associates, Publishers, 1999.2 "Towards a Better Integration of Media Economics and Media Competition Policy," in A Communications Cornucopia: Markle Foundation Essays on Information Policy, R. Noll and M. Price (eds.), Brookings Institution, 1998. "Regulatory Standards: The Effect of Broadcast Signals on Cable Television," with James N. Dertouzos, in A Communications Cornucopia: Markle Foundation Essays on Information Policy, R. Noll and M. Price (eds.), Brookings Institution, 1998.2 "The Economics of Minority Programming," with Theomary Karamanis, in A. Garmer, ed., Investing in Diversity: Advancing Opportunities for Minorities and the Media, The Aspen Institute, 1998. 1 "A Structure and Efficiency Approach to Reforming Access and Content Policy," with Karen D. Frazer, in C. Firestone and A. Garmer, eds., Digital Broadcasting and the Public Interest: Reports and Papers of the Aspen Institute Communications and Society Program, Aspen Institute, 1998. 1 "Interconnection Pricing and Network Competition," in Progress in Communication Science, Volume 15: Advances in Telecommunications Theory and Research, , H. Sawhney and G. A. Barnett (eds.), Ablex, 1998. "Funding the Public Telecommunications Infrastructure," with Bruce Egan, in Globalism and Localism in Telecommunications, E. Noam and A. Wolfson (eds.), Elsevier, 1997.2 Steven S. Wildman Page 5 "Information Technology, Private Networks, and Productivity," in Private Networks and Public Objectives, E. Noam (ed.), Elcevier, 1996. "One-Way Flows and the Economics of Audiencemaking," Audiencemaking: How the Media Create the Audience, J. S. Ettema and D. C. Whitney (eds.), Sage, 1994. 1 "The Economics of Trade in Recorded Media Products in a Multilingual World: Implications for National Media Policies," with Stephen E. Siwek, in The International Market in Film and Television Programs, Eli M. Noam (ed.), Ablex, 1993.1 "Investing in the Telecommunications Infrastructure: Economics and Policy Considerations," with Bruce L. Egan, in the 1992 Annual Review of the Institute for Information Studies.2 "Electronic Services Networks: Functions, Structures, and Public Policy," with Margaret E. Guerin-Calvert, in Electronic Services Networks: A Business and Public Policy Challenge, Margaret E. Guerin-Calvert and Steven S. Wildman (eds.), Praeger Publishers, 1991.1 "The Economics of Industry-Sponsored Search Facilitation," in Electronic Services Networks: A Business and Public Policy Challenge, Margaret E. Guerin-Calvert and Steven S. Wildman (eds.), Praeger Publishers, 1991.1 "Program Competition and Diversity in the New Video Industry," with Bruce M. Owen, in Video Media Competition: Regulation, Economics, and Technology, Eli M. Noam (ed.), Columbia University Press, 1985.1 Papers in Published Conference Proceedings "Program Competition and Advertising Strategies in the Age of Digital Television," in The Future of Digital Television: Market, Audience, and Policy, proceedings of the KISDI-KSJCS International Conference of same title, held Nov. 29, 2001 in Seoul, Korea, pp. 29-45. "Communication Technology and Productivity: The Role of Education," Annual Review of Communication, National Engineering Consortium, Vol. XXXXVII (1993-94). "Controlling Occupational Radiation: Alternatives to Regulation," with L.A. Sagan and R. Squitieri, presented at the International Symposium on Occupational Radiation Exposure in Nuclear Fuel Cycle Facilities, Los Angeles, CA, June 18-22. Published in proceedings of same conference.2 "Economic Issues in Mass Communication Industries," with J. N. Rosse, J. N. Dertouzos and M. Robinson, presented at the FTC Symposium on Media Concentration, Washington, D.C., December 14-15, 1978. Published in the proceedings of same conference.3 "Vertical Integration in Broadcasting: A Study of Network Owned-and-Operated TV Stations," S.I.E. No. 97, Department of Economics, Stanford University, also published in the Proceedings of the FTC Symposium on Media Concentration, Washington, D.C., December 14-15, 1978. 3 Joint author credited as a "with." Steven S. Wildman Page 6 Other Publications and Working Papers Review of The Telecommunications Act of 1996: The "Costs" of Manged Competition, by Dale E. Lehman and Dennis Weisman, Journal of Economic Literature (December 2002), vol. 40(4), pp. 1272-1273. Review of Much Ado About Culture: North American Trade Disputes, by K. Acheson and C. Maule, Journal of Economic Literature (September 2001), vol. 39(3), pp. 938-940. "AOL-Time Warner Merger Will Redefine Business: Deal Gives AOL Access to Homes," Lansing State Journal, Feb. 6, 2000, p. 11A. "A Framework for Managing Telecommunications Deregulation while Meeting Universal Service Goals," with Barbara A. Cherry. Presented at the Twenty-Third Annual Telecommunications Policy Research Conference, Solomons, Maryland, October 2, 1995. "Monopolistic Competition with Two-Part Tariffs," with Nicholas Economedes, August 1995.2 Review of Television in Europe, by Eli Noam, Journal of Economic Literature, December 1993. "Competition in the Local Exchange: Appropriate Policies to Maintain Universal Service in Rural Areas," with John C. Panzar, September 1993. Review of The World Television Industry: An Economic Analysis, by Peter Dunnett, Journal of Communication, Winter 1992. "An Empirical Study of Broadcast Competition to Cable," with James N. Dertouzos, July 1990.2 "A Model of Supply and Demand for Information in a Competitive Market," October 1989. "ATV Standards and Trade in Recorded Video Entertainment," paper presented at the Sixteenth Annual Telecommunications Policy Research Conference, October 30-November 1, 1988, Airlie, VA, revised April 1989. "Competition, Regulation and Sources of Market Power in the Radio Industry," with Duncan J. Cameron, May 1982, revised October 1989.1 "Program Choice in a Broadband Environment," with Nancy Y. Lee, Working Paper, Center for Telecommunications and Information Studies, Columbia University, May 1989.1 "Trade in Films and Television Programming," with Stephen E. Siwek, presented at Trade in Services and Uruguay Round Negotiations, London, England, July 8, 1987, and Geneva, Switzerland, July 18, 1987.1 Review of Oligopoly Theory, by James Friedman, Journal of Economic Literature, March 1985. "Recruiter Incentives: Effects on Performance," Rand Cooperation Working Draft, April 1983. "Anticipated Preemption and the Determination of Initial Structure in a Growing Market," UCLA Working Paper No. 267, September 1982. "A Spatial Model of Entry Deterrence," S.I.E. No. 103, Department of Economics, Stanford University, November 1978, revised December 1980. Steven S. Wildman Page 7 "Advertising, Consumer Learning and Competitive Strategies," Dissertation filed January 1980. Also published as S.I.E. paper No. 110 by Department of Economics, Stanford University, December 1979. "A Study of Economic Issues in the Recording Industry," with James N. Dertouzos. 2 Study commissioned by the National Association of Broadcasters. OTHER PROFESSIONAL ACTIVITIES Co-convener, conference on telecommunications free trade zones, Northwestern University, March 30, 1992. Sponsored by the Annenberg Washington Program of Northwestern University and the Illinois Commerce Commission. Convener, half-day conference on electronic services networks at Northwestern University, April 9, 1990. Co-convener, day-long Washington, D.C. conference on electronic services networks sponsored by the Annenberg Washington Program, February 23, 1990. Member, Editorial Board, Journal of Media Economics. Member of Organizing Committee for the Nineteenth and Twentieth Annual Telecommunications Policy Research Conference, Solomon Island, MD. Member, Executive Committee, Consortium for Research in Telecommunications. Organizer, 1996 Conference on Telecommunications Policy and Strategy of the Consortium for Research in Telecommunications Policy, Evanston, IL, May 10,11, 1996 Co-organizer, Telecommunication Policy and Law Symposium: "Preventing Flawed Communication Policies by addressing Constitutuinoal Principles", Washington, D.C., April 18, 2000. Member, National Research Council Broadband Last Mile Committee, Fall 1999-present. REFEREEING AND REVIEWING American Economic Review, referee Communication Law and Policy, referee Communication Research, referee Communication Theory, referee Journal of Economics and Busines, referee Information, Economics and Policy, referee Information Systems Research, referee International Journal of the Economics of Business, referee International Journal of Industrial Organization, referee International Journal on Media Management, Associated Reviewer and referee, Journal of Broadcasting and Electronic Media, referee Journal of Communication, book reviewer Journal of Information, Economics and Policy, referee Journal of International Economics, referee Journal of Economic Literature, book reviewer Steven S. Wildman Page 8 Journal of Industrial Economics, referee Journal of Media Economics, editorial board, referee National Science Foundation, proposal reviewer The Rand Journal of Economics, referee
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