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.

Wednesday, August 28, 2013

John Kerry's turn to roast on the liberal spit

Hey, I didn't draw 'em.


But really, let's not let the commander-in-chief off the hook here.

Facing mounting domestic and international pressure to respond to the deployment of chemical weapons by the government of Bashar al-Assad, White House sources confirmed today that President Barack Obama is carefully weighing his option for dealing with the war-torn Middle Eastern nation. “The president has conferred with his top advisors and is currently considering everything from authorizing missile strikes against Syrian regime targets, to taking out Syrian regime targets with missile strikes—nothing is off the table at this point,” said White House Chief of Staff Denis McDonough, noting that the president would “take all factors into consideration,” including the well-being of the Syrian people and the strategic interests of the United States, before settling on his only option.

“The president recognizes that the situation in Syria is extremely delicate and that the U.S. faces complex consequences regardless of what he chooses; that’s why he’s giving the one option in front of him so much thought. He will not act until he’s confident in the inexorable decision he’s making.” At press time, Obama had reportedly narrowed his option down to missile strikes against Syrian regime targets, but stated that he would consider it for several more days before making a final decision.

I went ahead and split that long paragraph in two, so that the delicious Oniony flavor would pop.

On greed, and driving the message

Two posts about sports in two days! Don't worry; it's not a trend.

-- Forbes reported earlier this week that the worst MLB franchise by won-loss record, our Houston Astros (soon to be three 100-loss seasons consecutively) are also on track to be the most profitable team ever in history.

The Astros are on pace to rake in an estimated $99 million in operating income (earnings before interest, taxes, depreciation and amortization) this season. That is nearly as much as the estimated operating income of the previous six World Series championship teams — combined.

Yet the Astros are 43-86, worst in the majors. Of the 270 Major League Baseball teams who have taken the field since 2005, none have finished with a worse winning percentage than Houston’s.

The Astros trotted out their new kid, Nolan Ryan's son, to say "No, we're not" but he didn't offer any evidence to the contrary. Astros owner Jim Crane whined louder about being outed as money-grubbing douchebag, but ultimately took the Jamie Dimon approach (scroll down) with his rationalization.

"I didn't make $100 million by making a lot of dumb mistakes."

Forbes rejoined, saying they stand by their math (and their reporting). The good news here for Jim Crane is that nobody whose opinion he cares about actually thinks he is stupid. The bad news? You guessed it: he doesn't care what anybody thinks.

Update: There's actually two different Forbes bloggers arguing with each other about whose math in regard to the 'Stros' P&L is more accurate. 

-- That provides the segue to this report from KHOU about the Dome.

Harris County voters will determine the fate of The Astrodome in a bond referendum on the November ballot, a $217 million plan to convert the dome into a convention and exhibit facility. The Harris County Sports and Convention Corporation put forth the proposal after rejecting a number of privately-submitted proposals that it decided weren't financially feasible.

"It would be a shame, in my mind, to see that asset go away," said Harris County Judge Ed Emmett. "Because ten years from now, somebody looks up and says, 'Well, if we had the dome, we could do this.' Well, this is a use for the dome that makes sense and it preserves the dome for possible future uses."

But with election day a little more than two months away, a critical component of the plan is conspicuously missing. When big bond issues backed by the county's heavy hitters appear on the ballot, political and business leaders often form committees to sell the plan to voters. So far, nobody has emerged as The Astrodome's head cheerleader.

"I think it's going to take some sort of organized effort," said Bob Stein, the Rice University political science professor and KHOU analyst. "Bond proposals of this sort usually succeed when there's an overwhelming majority of campaigning and spending on behalf of a bond."

Emmett said a number of people have talked about leading the effort, but nobody's grabbing the ball to run with it.

"Typically, right after Labor Day is when things crank up," Emmett said. "And so we don't know who all is going to be involved, frankly."

Among people who've watched with dismay as the dome has fallen into disrepair, this only fuels suspicion that a failed bond election will give county leaders political cover to destroy the dome. Even a Houston Chronicle editorial recently opined, "The Harris County Sports and Convention Corporation comes to bury the Astrodome, not to praise it …We'll see it on the ballot only with the intent of it being voted down."

So the TV station riffed off this post two weeks ago. That's cool; I riff off them too. It's just nice to know that a little blog most people have never seen or heard of can occasionally drive the message.

Update: With former county judges Jon Lindsay and Bob Eckels now recruited for the effort, I would have expected Ed Emmett to show more enthusiasm. It's not showing up, though, from either him or them.

“You know, I know former Judge Eckels, former Judge Lindsay, people at the Harris County Sports and Convention Corp., are talking about it,” Emmett told reporters. “Now, how it gets formed, they have to wait and see.”

[...]

“All I can say right now is we’re working on it and trying to get organized,” Lindsay, first elected in 1974, said, describing the effort as “preliminary.”

[...]

Lindsay, however, expressed skepticism about fundraising potential, saying  he and Eckels don’t have the clout that they did when they held office.

“I doubt that we’re going to be able to get any significant money to run this campaign,” he said. “We’re going to have to run it on a shoestring.”

Charles Kuffner seems impressed by this development. I am very much not.

-- Last, more from Forbes about some other local greedy bastards. This time it's a bunch of desk jockeys at TransCanada, the company building the Keystone XL pipeline. What's wrong with it, James Conca asks?

Just Greed and Politics.

Pipeline defects have been identified along a 60-mile stretch of the southern segment of the Keystone XL pipeline, north of the Sabine River in Texas (Winnsboro, Texas). 
Sections of pipe have dents, faulty welds, and pin-holes in some sections enough to see daylight through.

The installers have been digging up parts of the new southern segment of the Keystone pipeline that only recently have been installed. 
It seems that the existing leg of the Keystone has spilled more oil in its first year than any other first-year pipeline in U.S. history (HuffPost).

With the tens of billions of dollars this pipeline will make for these companies each year, you’d think they’d spend a little extra to build it right.  Or that they’d care about using new pipe that’s up to specs. We do have specs.

I can just imagine the mid-level manager’s thought processes on this. ”Hmmm…I’m making a decision on a pipeline that is involved in an extremely political battle, that may have a huge impact on the American economy, that could make tens of billions of dollars a year for my company but that could, if done badly, destroy the drinking water and irrigation supply for the bread-basket of America, and that even has international diplomatic ramifications.”

“So, yeah, I’ll save a few bucks and go with the crappy pipe.”

I understand making money. I even understand greed. But I just don’t understand the excessive super-callousness and super-greed required to make these kinds of bad decisions that risk so much just to save what amounts to a pittance on top of already enormous annual profits.

I'll have to explain Houston and Texas Republicans to Mr. Conca sometime, I suppose.

Tuesday, August 27, 2013

Sports is a contact politic

-- Keith Olbermann is back. And it looks like he's gotten the band back together.

The ex-MSNBC and Current TV host made his official return to ESPN on Monday night. Olbermann was a staple of ESPN’s SportsCenter from 1992 to 1997, before parting ways with the network in not the most amicable way. But the bridge is magically no longer burnt, and Olbermann opened his new show with, “As I was saying…”

Despite the new subject matter, Olbermann is still the same guy from the old Countdown days. His opening story -- about the New York Jets, coach Rex Ryan, and some sports writer -- was replete with his unique sense of humor, including silly voices while reading quotes and tongue-in-cheek graphics, including the now-infamous picture of Will Smith and his family staring at whatever the hell happened at the VMAs.

He couldn’t help getting a teeny bit political, though, mockingly wincing as he admitted he agreed with New Jersey governor Chris Christie about an “idiotic” Jets beat reporter.

His Monday night show also included “Worst Persons in the Sports World,” taken from his old “Worst Persons in the World” segment, with the same exact music.

You can watch the first ten minutes of last night's maiden voyage at the top link. KO explains here why he is burned out on talking about politics.

-- Speaking of ESPN, they got intimidated by the NFL out of sponsoring the PBS Frontline documentary on concussions. Here's the trailer for that.



-- Did Bobby Riggs tank the 1973 "Battle of the Sexes" between he and Billie Jean King because Riggs owed gambling debts to the mob? The suspicions still linger.

Forty years ago in September, Billie Jean King struck one of the most decisive blows in women's fight for equality, and she did so with her weapon of choice: a tennis racket.

In a ridiculously hyped match, Bobby Riggs, 55-year-old former tennis champ and outspoken "male chauvinist," challenged King, then 29 and coming off a victory at Wimbledon, to a "Battle of the Sexes" tennis match in the Houston Astrodome. To the winner would go $100,000; to the winner's entire gender would go bragging rights for years.

Riggs had earlier that year beaten Margaret Court, the world No. 1, and a thrashing of King, then ranked #2, seemed all but certain. Oddsmakers favored Riggs, the 1939 Wimbledon champion, in an overwhelming tide. "King money is scarce," said another product of the era, gambling expert Jimmy the Greek. "It's hard to find a bet on the girl."

Anybody who did bet on "the girl" would have seen a huge and unexpected payday, however, as King absolutely thrashed Riggs in straight sets, 6-4, 6-3, 6-3. Everyone from announcer Howard Cosell on down could see that King was the superior player, running a clearly winded Riggs all over the court and forcing him into error after error.

But how? Perhaps the greatest women's tennis player ever, Serena Williams, has said she would lose 6-0, 6-0 to Andy Murray. Riggs was no Murray, but then again Williams is in a different time zone from King. How on earth could such a stunning defeat have happened?

The story, according to ESPN's Don Van Natta in a must-read piece, is painfully straightforward: the fix was in, and the Mafia was in on it all.

And here's a trailer from a recent doc of that.


Still no evidence of jars of feces at Texas Capitol

Warning: scatological puns ahead.

The controversy that engulfed the Texas Department of Public Safety in July after leaders said troopers had confiscated jars of urine and feces from abortion activists at the Capitol prompted the agency's chief to urge the release of photos to prove it was not playing politics.

"I am tired of reading that we made this stuff up," Department of Public Safety Director Steve McCraw wrote in a July 14 email to another top agency official. "Let's get the photos we have to members and the media. Does anyone realistically believe we would fabricate evidence to support a political agenda? Amazing."

Except that the document dump does not seem to include any photographs of jars or bags of feces or urine.

Records released by state police Monday reflect the chaos at a Capitol abortion debate last month — when state troopers said they discarded urine and feces they took from activists — but do not conclusively show bodily waste was actually found.

Very strange. Six weeks after the fact, the DPS releases e-mail conversations that says they found jars of feces, and photos of... something. That no one in the media who has seen them is ready to declare jars of feces.

"If we have photos, let's push them out," Robert Bodisch, assistant director of the agency's Texas Homeland Security arm wrote to McCraw in a July 14 email.

Poor choice of words there, Mr. Bodisch. Maybe this will get cleared up today, or in the days ahead, but for now it still, ah, smells bad. The only bag of poop I could be sure about appears in photo #9 of the slideshow at this link. But the HouChron and the SAEN didn't go there.

Back to the pressing question: how is it that there could still be an unresolved controversy over this matter? Let's go back to DPS Director McCraw, from the excerpt at the top.

"Does anyone realistically believe we would fabricate evidence to support a political agenda?"

Sadly, yes. We most certainly do.

Update: From the TFN Insider...

So after weeks of smears directed at pro-choice activists, we see that there is no evidence at all that anyone brought jars of human waste to the Capitol. Moreover, out of the thousands of activists at the Capitol — both for and against the anti-abortion bill – it appears that a handful of people brought several bricks and a can of paint. And who brought those few items (which DPS officers were absolutely right to confiscate)? No one knows.

We now know, however, that DPS and other law enforcement officers were listening a lot to religious-right activists making wild and unsubstantiated claims. And those claims were meant to discredit the thousands of concerned citizens who went to the Capitol to protest — peacefully — yet another attack on women’s health care services in Texas.

...and Wonkette.

The rumor of jars of feces and urine being carried into the Senate seem to have originated with one lone officer at one checkpoint the day of the debate. Since anyone with higher brain functions (this of course leaves out the vast majority of wingnuts) thought it sounded ridiculous, reporters have been pestering DPS for weeks to confirm the stories. DPS had actually petitioned Texas’s attorney general to keep files on the matter sealed, which seems to us something an agency would do if its members did indeed have a political agenda. Not that it matters, because as we keep reminding everyone, a lie can get halfway around the world before the truth shits in a jar.

Update: #Poopgate ? No, I prefer Cacapocalypse. But Twitter is still getting over yesterday's hack by the Syrians, so I don't think my suggestion has much chance of trending.