STOP THE BOX

In 2007, the Illinois State Legislature approved the installation of above-ground VRADS (video ready access devices, also known as “lightspeed boxes”) by high-speed internet and video services in an effort to discourage monopoly and provide competition that would benefit the consumer (Illinois SB 678). Though most people polled are in favor of competition, this bill over-rules the power of citizens and their city government to limit the placement of these utility boxes on public ways.  Companies such as Verizon and Comcast use cable that is run directly to the house over the telephone poles.  AT&T has admitted to choosing the more intrusive, above-ground, refrigerator sized boxes in an attempt to save money.  These boxes have appeared in historic neighborhoods in plain site from living room picture windows and other locations with views not previously obstructed with such eyesores.  The alleged justification is that at a lower cost of installation, the consumer will save money over services from competitors.  However, though some savings have been realized during roll-out of the AT&T U-Verse service, studies have now revealed that such savings are minimal or even non-existent.  What’s more, public access and public television service has been degraded by means of a new, cumbersome channeling system.

Evanston residents were not adequately notified of the impending installation of the boxes, and no zoning hearings were allowed for. The only effort made to notify residents was a feeble attempt to attach door hanger notices at any residence abutting a lightspeed box site two or three days prior to digging.  Many residents with boxes installed in front of their homes, however, have reported notice of one day or less, if at all.

In addition, the Illinois law imposes obligations upon AT&T, among others, to use the smallest available equipment and to create only minimal interference with the use of streets, alleys and other public ways.  However, it is well established that the equipment being used by AT&T is antiquated and that newer equipment would require far smaller space for installation.  Again, AT&T supports its decision on a purely cost-based analysis.

This Stop the Box Steering Committee was formed in response to the discovery of dozens of these boxes having quickly been erected during the summer of 2008.  Over 2/3 of the 99 intended boxes are already installed.  Though the City knew that the boxes were coming in 2007, and although AT&T is obligated to seek permits to erect the boxes as with any utility, such as ComEd, there was little discussion publicly regarding the installations.  The City has stated that it feels compelled to accommodate AT&T and had done so with little regard for public feedback regarding size, location and landscaping for the installations.  The City also fears litigation from AT&T as it has shown a propensity to sue any municipality that interferes with the installations.  What’s more, the City had initially put upon an adjacent landowner the responsibility of landscaping the boxes, though the owner could submit for reimbursement up to $1500, the amount having been subsidized by AT&T as part of the permitting process.   A subsequent meeting between the Stop the Box steering committee, the City Manager’s office and the Department of Parks and Forestry resulted in a change in that plan.  In a response to the pressure put on the City by the Stop the Box Steering Committee, the City now has a master beautification plan to be undertaken and paid for by the City, for the painting and/or landscaping of the previous installed and yet-to-be installed VRAD boxes. The plan will be developed in consultation with the abutting property owners.

Current Status

Through several public meetings with citizens of Evanston, the City Alderman, Manager and various representatives from Park and Forestry, Public Works, AT&T and the State Representative Julie Hamos, State Senator Jeff Schoenberg  the Stop the Box Committee has extensively gathered information regarding:

•    The Video Franchise legislation (IL SB 678), as well as similar bills in 22 other States
•    The history and current status of the AT&T U-Verse roll-out;
•    Incidents specific to permitting and installation of the VRAD boxes;
•    Litigation among the States and Illinois municipalities relative to attempts at stopping AT&T from installing or limiting the installation of the VRAD boxes;
•    Landscaping and beautification plans by the City;

The Committee has come to the following conclusions:

1.    The bill was passed with little public comment sought from the constituents of the State Senator and Representative;
2.    The City did nothing to investigate nor attempt to control the effect of the Video Franchise legislation;
3.    The Village of Winnetka, as well as others, enacted strict regulations in anticipation of the installation of the VRAD boxes, focusing on ensuring the least restrictive devices and locations.  This legislation is more aggressive than that which was recommended by the Illinois Municipal League and which was adopted by the City of Evanston;
4.    Despite some progress with limited components of the U-Verse roll-out by AT&T, no State of Municipality has been able to completely stop the installation of the VRAD devices, though none have been erected in Winnetka as of yet;

“Stop the Box” Action Plan and Objectives

Generally speaking, the Committee seeks accountability, not blame.  We are of the belief that all parties to this legislation and the process that follows are all responsible for some portion of allowing these boxes to be installed without a viable plan that considers the property values and concerns of the citizens.  However, we are now focused on a solution.  To this end, the Committee seeks:

1.    The temporary suspension of all permits for installations that have not yet occurred;
2.    The appointment by the City of a Citizen Oversight Board for Cable and High-Speed Internet/Video equipment installations;
3.    The strict enforcement of existing regulations designed to minimize the impact from the construction of any such devices.
4.    A legislative and Attorney General review of the representations made to the State legislature regarding the intended methodology, technology, design and installation of the VRAD boxes (As of this posting, Lisa Madigan, Attorney General for the State of Illinois, has already begun her initial investigation into the Public Access limitations resulting from AT&T’s service.  The Stop the Box Steering Committee is now seeking to include the VRAD box design and installation in Ms. Madigan’s investigation);

The Committee will continue to compel the City to take all steps within their power and that are pursuant to the City Code in order to cause existing and future installations to be as least intrusive as possible, and in so doing, attempt to preserve aesthetic and market value of personal property and public lands.

Related Resources:
http://www.ilga.gov/legislation/95/SB/PDF/09500SB0678lv.pdf (page 5, line 12)
http://www.keepusconnected.org/
http://www.natoa.org/policy-advocacy/policy-matters/ilnatoa-att-deliberately-segre.html
http://evanstoncity.org/global/att.shtml
http://www.stopthebox.org/

Stop the Box is a community-based organization comprised of citizens seeking to mitigate or undue the impact from the installation of AT&T U-Verse VRAD boxes. Deemed by AT&T as the “loudest of the municipalities,” it is our mission to hold AT&T and our lawmakers accountable for the property rights of the people of Evanston as well as preserve the historic beauty of this City.

For more information:
Neal H. Levin
info {at} stopthebox(.)org