Thursday, August 29, 2013

Uber ridesharing service coming to Houston (Part II)

(Part I is here)

Mike Morris' piece at the Chron names the power players for the two sides involved in Uber's entry into the Houston market. We'll pick it up where the battle lines are drawn.

Yellow Cab CEO Roman Martinez and Joe Jordan, president of the Houston Limousine Operators Networking Group, labeled Uber a rogue operator.

Martinez, whose Yellow Cab and affiliated companies field 1,400 vehicles, said Uber's service will skim the best trips in the city, hurting the taxi industry and curtailing its ability to give rides to the poor or disabled.

"We don't understand why Uber would want to change existing law instead of operating under current ordinance just like all of us have been doing for years," Martinez said. "It's unfair for them to come in the market and say, 'Now we're going to get rid of all these rules and regulations so we can get into the market.' "

Yellow Cab affiliate Towne Car operates sedans at the same price as cabs, said lobbyist Cindy Clifford. She is joined on the cabs' lobby team by Felix Chavelier and former council member Sue Lovell. Uber has hired lobbyists Jeri Brooks, David Gonzalez, Robert Miller, Neftali Partida and Nancy Sims.

"Every place they go, they say, 'We're only going to use established, licensed operators; we're clean as choir boys.' And as time goes on they start using anybody with a pulse and a running vehicle," Jordan said. "If there's an issue with the city or a ripped-off client, where are you going to go? You going to go complain to a website? It'd be chaos if they let Uber come in."

That's really the best word to describe Uber: chaos. Another clarifying adverb is 'disruptor'. More on disruptor companies here, here, and here.

The Original Disruptor, as both Jen Sorensen above (and perhaps you) surmise, is Wal-Mart. Or rather, Walmart. In attaining their goal to compete solely on the basis of price, they succeeded in bullying both their suppliers and employees into accepting the lowest price Walmart was willing to pay, which has culminated in the wholesale destruction of the retail industry's mom-and-pop stores across the United States. This also resulted in the scions of Sam Walton becoming some of the wealthiest people on the planet. They have pushed workers onto welfare, bought off politicians in countries around the world... you probably already well understand the Walmart 'success' story.

Still, before we get back to the business of Uber and how it will affect us both positively and negatively in the Bayou City, more local background is essential.

Yellow Cab and a few other Houston brands (like Fiesta and United Cab) are owned by Texas Taxi Inc., a corporate parent to the Greater Houston Transportation Co. and others. The Houston affiliates currently hold about a 60% market share here, according to their own data, and Texas Taxi also serves Austin, San Antonio, and Galveston. They are in competition with several other smaller taxi and limousine operators, not to mention outfits like SuperShuttle, the jitneys and even pedicabs. In Houston the company employs about 250 dispatchers, mechanics for their fleet of cars, administrative and support personnel as well as nearly 2000 cab drivers as independent contractors. Many employees are long-termers, with 30 and 40 years' service. The companies have a long history of supporting the community, from scholarships to free rides to the polls on Election Day.

By contrast, Uber -- a company with only a smartphone app, no actual cabs or dispatchers, no customer service personnel, no phone number to call if you leave your briefcase in one of their cars, no long-term reputation to protect and no ties to the local community -- got in hot water with New York City after they doubled their rates in the wake of Hurricane Sandy. They called it "surge pricing".

This is the kind of thing that results when there isn't sufficient regulation to protect consumers from gouging. The kind of regulation Uber's CEO calls 'draconian'.

Let's be clear that the argument in favor of ordinance compliance is not naive to the premise that many laws have been written to the prejudice of large corporations seeking to protect their market share. The big banks own the Congress; the oil companies have bought off the Texas Legislature and most of our statewide office-holders, and even the beer distributors in the Lone Star State have long used the Lege to keep a boot on the neck of the microbreweries. But city ordinances compelling taxi cab companies and operators to high standards came about many decades ago primarily as a result of two things: unsafe transportation and unethical operators taking advantage of customers. The public safety of citizens -- and not manipulation of the market by influencing lawmakers -- is why taxis operate in a regulatory environment. Houston's ordinances have not restrained the many and varied competitors listed previously.

Uber's model, simply, is not to play by the rules. They don't want any employees except for a few at the top of their pyramid, they aren't going to have a fleet of cabs that they maintain and service, they don't wish to train, license, insure or support their drivers (except to the barest minimum standard). They simply want to profit by offering a service designed to cut every single cost of doing business... except for the lobbyists to get them their way in the beginning, and the lawyers to clean up their messes after the fact.

Here's a checklist that describes the differences in greater detail.



It is not restraining commerce to ask the city to enforce laws already on the books. But in the spirit of "letting the market decide", go read some of the reviews at Uber's Google Play page. You'll find some really good ones and some really bad ones. Then do something you rarely, if ever, do: carefully read the terms of service. Among the eye-widening disclosures, you'll find that in order to litigate a dispute with Uber, you must file your case in The Netherlands. The damage limit for a successful tort claim of this type in that country is... wait for it... 500 euros.

You might also be aware that just as Uber gives their passenger a quick customer-satisfaction survey at the end of the ride, its drivers are also rating you.

In my humble O, Uber should be able to easily comply with the city of Houston's long-standing and generally accepted good business practices in regard to providing transportation services -- or brokering such, as they claim. If they decide they can't, then there are lots of other sandboxes they can play in.

The matter will likely be resolved by Houston city council sometime after the November election, so now would be a great time to quiz your favorite candidate for mayor or council about whether they support -- or oppose -- Uber's "disruptor" business model.

Uber ridesharing service coming to Houston (Part I)

Mike Morris at the Chron last month provides our background.

A smartphone app could be the subject of the year's most spirited regulatory battle at City Hall, as lobbyists line up for a fight that pits taxicab companies against a car-service technology company called Uber.

The firm's entry into more than 20 U.S. cities has sparked lawsuits and cease-and-desist letters from taxi owners concerned for their livelihoods and regulators accusing the firm of skirting the law. Uber says it is merely a broker between riders and drivers, using a smartphone app to make getting a ride more efficient.

Uber must seek a change in ordinance for its business model to work in Houston, said Uber CEO Travis Kalanick. Company representatives first met with city officials in May; a social media marketing push launched in recent days.

The service the San Francisco-based startup wants to offer in Houston is UberBLACK, which would allow riders to hail town cars - also known as black cars or sedans - using the Uber app, alerting the nearest participating driver to respond. The fare is based on speed and distance using each smartphone's GPS technology, with the fare charged automatically to the customer's credit card.

Drivers who want to participate are given smartphones with the Uber app installed, said company spokeswoman Nairi Hourdajian, and must pass a background check and comply with all city licensing rules. Drivers continue to work for their limousine company or themselves; they do not work for Uber.

Houston is the last major U.S. city in which Uber does not operate, largely because of the city's "draconian" regulations, Kalanick said, calling the city's rules typical of those negotiated by taxi companies to protect themselves at the expense of riders.

Uber's jab at the local cab companies reflects their Libertarian-styled business plan. They give away ice cream and T-shirts as part of their initial marketing campaign, but they also don't invest in vehicles or other transporation company infrastructure, which is why they depend heavily on lobbyists to sway municipal lawmakers to change or drop existing ordinances. More about the local lobbying effort in Part II posted later; see here for what's going on in their home base, San Fran.

San Francisco’s taxi drivers plan to turn up the pressure on companies such as Lyft, Uber and Sidecar.

Taxi drivers said they will hold a rally outside City Hall on Tuesday to draw attention to "unlicensed, uninspected, unregulated and underinsured taxis" that are "allowed to roam the streets, creating a public safety hazard, increased congestion, greenhouse gasses and unfair competition against law-abiding cab drivers."

Taxis, which are regulated by the city and public utilities commission, said that Lyft, Uber and SideCar should all have to abide by the same rules.

"We’re not against innovation," said Barry Korengold, president of the San Francisco Cab Drivers Association. "We’re just against unfair competition. Everybody with a four-door car can now go be a taxi."

Back to what's happening in H-Town.

Uber wants to drop the minimum fare for a sedan ride in Houston from $70 to $5.50; wants regulations changed to enable on-demand service, as opposed to rides arranged at least 30 minutes in advance; and wants to delete the four-car minimum required for new limo and sedan companies, among other tweaks.

"City government has decided, 'In Houston you're allowed to get a quality ride, but it'd be bad for you to get it quickly; we need to make sure that doesn't happen because chaos would ensue,' " Kalanick said. "That's a little tongue-in-cheek, but the point is, that is a law designed to ensure there is no alternative to taxis. There is no way to get a nice ride quickly in the city of Houston."

Chris Newport, spokesman for the city's Administrative and Regulatory Affairs department, said the changes Uber seeks are "significant" and will not be undertaken before a study of Houston's taxi industry, begun in April and expected to finish later this year, is done. Recent revisions allowing jitneys, pedicabs and low-speed shuttles, Newport added, prove the city's rules are not protective of cabs.

"Obviously, we want to encourage innovation and smart, new ideas. We just need to make sure we do it in a smart way, and our most important consideration is always going to be the safety of the riding public," Newport said.

Isiah Carey at Fox26 had a good report also.

Houston weather, traffic, news | FOX 26 | MyFoxHouston

A roundup of other recent stories include the Houston Business Journal and CultureMap Houston. Yelp has some favorable comments from Houstonians who used the service elsewhere. Wall Street is simply wild about the company, and Google Ventures is all in with over a quarter of a billion dollars invested in Uber. Even the Chron's editorial board *cough*Evan Mintz*cough* registered support.

(O)ne only has to look at other cities where Uber operates to see the benefits of fresh blood in the market. Residents in New York City's outer boroughs, where cabs never tread, suddenly found themselves with access to cars. Uber could do the same for the vast cab-less swaths of Houston. In California, writers and bloggers have touted Uber as a solution to drunk drivers. And we imagine that Uber will also help alleviate Houston's inner-loop parking problems.

So with all of that positive press, who's saying no (or at least 'slow down')? That's coming in Part II.