Wisconsin Wireless ISP Bans Online Video, Imposing 5 GB Monthly Usage Limit With Up to $90 Overlimit Fee

AirRunner Wireless serves a small portion of central Wisconsin from its headquarters in Marathon.

A wireless Internet provider serving central Wisconsin has banned online video streaming from its wireless Internet service, telling its customers WISPs are not designed for it.  To drive home the point, the service is jumping on the bandwagon of AT&T’s mobile network 2 GB usage limit with some stringent limits of its own.

Bill Flood, owner of AirRunner Networks LLC dispatched e-mail to every one of its central Wisconsin customers informing them some are violating the company’s use policies by streaming online video on its service, which it cannot accommodate.  Flood blamed companies like Netflix for forcing him to carry the costs of transporting movies and TV shows to his customers:

Hello! Over the past month we have been seeing an increasing issue on the network during peak times. From our investigation we have determined these problems stem from customers who are streaming Netflix or other ‘instant movie or movie on demand’ type services.

These types of products should not be used on the network for these reasons:

First, a wireless network uses access points, those by design do not handle continuous connections without affecting the other customers of that access point. Because the movie stays connected for a longer period of time, eventually other customers simply get less access and as a result see a severe network degradation.

Our Acceptable Use Policy over the years has grown as a result of new technology.

Not all new technology works well on every type of Internet platform. Although some customers have told me they have been using this type of service in the past, the increased usage spurred on by recent Netflix advertising, a CD for Wii devices and now by one of the satellite TV companies has brought this issue to the forefront.

These companies see the Internet as a means to save their resources and push the load onto the Internet.

Welcome to the Internet circa 2010.  The days of a voice declaring “You’ve got mail” from your AOL account are long gone.  Customers are demanding access to a much richer multimedia experience available online today.  That demand is beginning to regularly collide with the limitations some networks have to deliver the service.

To make sure his customers understand the implications of streaming video, Flood is also introducing one of the most punitive Internet Overcharging schemes we’ve yet to encounter, starting with a monthly usage limit of 5 GB accompanied by some vicious overlimit fees:

  • All non-business customers will be allotted 5 GB of total aggregate usage.
  • If the customer exceeds 5GB of total aggregate usage on any given monthly billing cycle, they will be assessed an additional $30.00 to cover their bandwidth use.
  • If any customer exceeds 10GB of total aggregate usage on any given monthly billing cycle, they will be assessed an additional $60.00 to cover their bandwidth use.
  • If any customer exceeds 15GB of total aggregate usage on any given monthly billing cycle, they will be assessed an additional $90.00 to cover their bandwidth use.
  • Although these additional charges seem excessive, we are not alone on making such changes as the rest of the ISP’s [Internet service providers as well as cellular providers] are also implementing similar programs on their networks to deal with network congestion issues caused by ‘on demand’ type products. The good news is, the typical Internet customer never exceeds 5GB of aggregate usage. Only a small percentage of our customers are involved in this ‘on demand streaming activity’. Here is what can be done by the typical customer while not exceeding the 5GB threshold: Our basic residential Internet packages will offer 5GB of usage — that’s the equivalent of 500,000 basic text e-mails, 2,500 photos, 40,000 web pages, over 300 hours of Online game time, 1,250 downloaded songs, or a mixture of the above! 1,000 megabyte (MB) = 1 gigabyte (GB) We will send out a notice to everyone again when we are ready to implement these changes.

Flood’s e-mail doesn’t tell the whole story to his customers, however.

First, his imposed overlimit fees are ludicrously high.  A customer using 16 GB for the month would face an overlimit penalty of $90.  Considering AirRunner’s pricing, that’s a potentially enormous bill:

AirRunner offers six rate plans for residential and small business:

  • $15.00 256K/256K, tiered access. New accounts only
  • The below programs require a contract.

  • $19.00 1.0 Mbps/768K, tiered access. New accounts only
  • $45.00 2Mbps/1Mbps, tiered access
  • $55.00 2Mbps/2Mbps, tiered access Bi-direction connection; useful for working from home.
  • $65.00 3Mbps/1Mbps, tiered access
  • $75.00 5Mbps/1Mbps, tiered access

Second, “the rest of the ISPs” are not in fact imposing similar programs.  AT&T just abandoned theirs for DSL customers in two cities.  Attempts to ration broadband access typically meets resistance from consumers, if not an outright revolt.  As soon as customers get a bill with a $90 overlimit penalty on it, they will revolt as well.

It is true that wireless providers do face bandwidth challenges, but that’s not always disclosed to customers until after they sign up for service.  In 2010, would you sign a two year contract for a broadband service that banned online video?  Of course, if Flood offers the only service in town, for all practical purposes he can dictate the terms of the service provided.  But many customers have long memories and when another provider does arrive, they’ll take their business elsewhere.

Therein lies a potential problem for Flood.  A considerable part of central Wisconsin has been served by Verizon North, one of the divisions Verizon has sold to Frontier Communications.  Verizon dramatically cut investment in Wisconsin broadband expansion as soon as it became apparent they were leaving.  Frontier Communications is betting its long-term survival on bringing at least 1-3 Mbps DSL service to areas just like central Wisconsin.  It’s a safe assumption at least some parts of Flood’s service area will be challenged by Frontier DSL within the next year.

At that point, perhaps Flood will adopt a less hostile attitude towards his own customers.  Some of those who departed didn’t appreciate Flood’s tone or actions and shared some of his hostile communications on the subject.  Taking an adversarial stance even with former, paying customers never works well.  Among the thoughts Flood has shared:

  • If you don’t like his caps, move to the city;
  • One customer was told his service was canceled because he just doesn’t get it — besides, Flood wrote, he can do whatever he wants;
  • Customers who are caught streaming are gone;
  • If you complain too much, watch out.

Third, Flood follows the discredited playbook of trying to convince customers a 5 GB usage limit for the Internet in 2010 is reasonable with generous-sounding e-mail and web page browsing allowances.  Flood himself exposes the real issue — customers want to watch YouTube, Netflix, and Hulu and his network can’t handle it.  Of course, his marketing materials never bother to mention any of this.  Only after customers sign up, many under a two-year contract, does the truth come out (underlined emphasis ours):

In the case of ‘streaming video/movies or on demand type products or services’ recent weeks shows exactly what happens when these types of products are used. Everyone who uses ‘on demand or streaming products or services’ also knows there is an alternative which does not have an affect on any other user. We suggest the alternative as the best solution. We would appreciate everyone’s cooperation in resolving this current issue. If you are streaming movies you are making everyone mad!! Someday you may want to use the Internet and your neighbor will be streaming, then you won’t work. Wireless Internet was not designed to watch TV or movies.

If you are a ‘on demand user’ you may want to look at other options in lieu of streaming movies over the Internet. A basic resolution movie is typically 700Mb of data. So 1000Mb is equal to 1GB. So roughly 3-6 on demand or streamed movies will draw and additional charge to your account. All paying customers have the right to access their Internet connection, however any customer cannot deny any other customer access as the result of their usage. When this occurs policy is made to correct such actions. We make every effort to provide the best service we can, sometimes new Internet based programs and products do not work well on this type of network, that is not the fault of AirRunner Networks LLC and we cannot guarantee that any type of program or product will work properly or as advertised.

At least Flood was finally honest about the implications of watching online video from a provider with a low monthly usage allowance.  Just watching 3-6 online movies blows right through it, even fewer if it’s an HD title.

Unfortunately for Flood and other WISPs with similar network constraints, the evolution of the Internet and its online resources will increasingly place pressure on many networks that were built for a 1990s-era Internet.  As advanced video game streaming technology, online movies and television, online file backup, and other high bandwidth innovations not yet envisioned become increasingly popular, companies like AirRunner will be forced to upgrade their network or add new applications to the ban list, eventually facing obsolescence if a better provider arrives in town.

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No Data Caps or Speed Throttles For Sprint Customers (Unless Roaming)

Phillip Dampier June 15, 2010 Internet Overcharging, Sprint, Wireless Broadband 1 Comment

Sprint will not limit use or throttle speeds for users of its 3G or mobile WiMax networks, despite a report from Engadget claiming the company was on the verge of applying speed throttles on its users exceeding 5 GB per month of usage.

A Sprint spokesman told Dow Jones Newswires any limits would apply only for Sprint mobile broadband data users roaming on other companies’ data networks using modems attached to laptops or personal computers.  Smartphone users are not affected.

“Sprint does not, nor plan to limit speeds, nor change a customer’s ability to use any particular application or Internet site,” said Sprint spokesman Mark Elliott.

However, the company has made it clear it can temporarily suspend a customer’s ability to roam on Sprint’s data network if “excessive usage” is detected.  Current plans provide up to 300 megabytes of service while roaming.  Higher allowances are available for purchase.  Customers will receive text messages notifying them when they reach 75 percent and 90 percent of their allowance.  After that, Sprint can cut off service until the next bill cycle begins.

Sprint has to pay higher fees when customers roam on non-Sprint networks, hence the usage limit.

Sprint, America’s third largest wireless carrier behind Verizon Wireless and AT&T, is trying to position itself as the competitive choice for customers who do not want to worry about usage allowances and overlimit fees.  The company hopes customers who are tired of escalating wireless bills will once again look beyond the two largest providers.

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North Carolina S.1209 Final Wrap-Up — Prepare for Stage Two of the Battle

Senator Queen worked hard to try and strip the one year moratorium out of Senator Hoyle's anti-consumer bill

With the League of Municipalities essentially cutting a deal to sit on a municipal broadband study group that includes no actual consumers, voting for big telecom’s favorite bill of the year became a no-brainer.  It was a real shame to see the voting results on S.1209, despite pleas from consumers and some of North Carolina’s most rural representatives demanding to keep the municipal broadband option open.  They understand reality — while a handful of politicians in Raleigh cash big corporate contribution checks from the cable and phone companies, those out in the rural real world live with the results — no broadband.

We don’t need a one year moratorium on municipal broadband.  If the state government wants to study the issue, so be it, but a one year suspension on municipal broadband is a stall technique that big telecom providers are celebrating across the state.

Residents across North Carolina owe Sen. Joe Sam Queen a special thank-you for leading the charge for better broadband for rural residents.  He offered an amendment that would let the study go forward, but stripped out the anti-consumer moratorium.

Mark Binker of the Greensboro News & Record explained what happened next:

During the debate Monday night, Sen. Joe Sam Queen, a Waynesville Democrat, offered an amendment to allow the study to go forward but remove the moratorium.

Sen. David Hoyle, a Dallas Democrat and the Rules Committee chairman, offered a substitute amendment that essentially altered the bill’s language a bit but kept the moratorium around. Hoyle is one of the bill’s primary architects.

“We do not need a moratorium on the expansion of broadband across North Carolina,” Queen said. “This will only pour cold water on a very innovative sector.”

Now for a word on substitute amendment: When a substitute amendment is offered and accepted, it has the effect of wiping out the first amendment, which then can’t be offered again during the debate. It’s a way of doing away with things that the majority really doesn’t want to vote on.

During the past five years, I’ve mostly seen it used in the Senate my Democratic leaders to do away with Republican amendments they view as noxious – typically politically charged measures that could be awkward votes for rank and file members. I can’t recall the last time I saw a Dem on Dem substitute amendment.

I don’t know what, if any, conclusion can be drawn other than Hoyle was going to make darned sure his bill went through as is. Vote for the final measure was 41-7.

When big telecom pays the way, Senator Hoyle knows their needs must be met at all costs, no matter that his transparent shilling for the industry steamrolls over his fellow Democrats.  Besides, with his retirement looming (we’ll be watching to see where he lands next), who cares if his constituents are upset?  Certainly not Hoyle.

Fifteen Senate members stood against Hoyle’s ridiculous moratorium and deserve some recognition as well:

Senator(s): Allran, Atwater, Boseman, Dickson, Dorsett, Foriest, Goss, Jones, Kinnaird, McKissick, Purcell, Queen, Shaw, Snow, and Vaughan

Courtesy of Mark Turner, here is the audio from the Senate floor debate over S.1209 and the arguments for and against a municipal broadband moratorium. (June 7, 2010) (30 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Tomorrow, the fight in the House begins with a call to action to start flooding members of the House Ways and Means/Broadband Connectivity Committee with calls and e-mails.  In the short House session, there are plenty of opportunities for us to derail this anti-consumer gift to the state’s cable and phone companies.  I’ll have a contact list up tomorrow.

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AT&T Customers in Beaumont and Reno Finally Get Word The Internet Overcharging is Over

Phillip Dampier June 14, 2010 AT&T, Editorial & Site News, Internet Overcharging, Wireless Broadband Comments Off

Beaumont, Texas

AT&T has distributed an internal memo to customer service representatives that informs them AT&T’s Internet Overcharging experiment in Reno, Nevada and Beaumont, Texas has ended.  Stop the Cap! reader Scott Eslinger was able to get an AT&T representative to read from the official memo that many AT&T customers have yet to hear about themselves.  Stop the Cap! had word in February the usage limit test was set to end April 1st, but actually getting official word that declared it dead and buried took much longer.

With no official notification to customers in the two impacted cities, many may be under the impression that usage limits remain.

AT&T representatives notoriously provided inaccurate information to customers about the experiment, with several customers signing up for “unlimited” service only to be notified days later they were actually facing limits ranging from 20-150 GB per month depending on their service plan.

Eslinger, who lives in Beaumont, notes representatives regularly mislead him into believing his service was unlimited even during the trial, except it was not.

“Every time I talked to AT&T no matter what I called about I always asked if the rep knew the status of the ‘broadband usage trial’ as I wanted to know when it would be over. No one ever had any idea what I was talking about,” Scott writes.  “They regularly told me that my AT&T broadband account included ‘unlimited’ use.”

But when Scott ran over his allowance, a nasty letter arrived in the mail saying otherwise.  Even then, AT&T customer service representatives kept telling him the letter must be a mistake.

“The first time I got the letter stating that I had gone over and would be charged the next time I went over I called AT&T and the rep actually had me fax in the letter so they could ‘fix’ it as that just ‘didn’t seem right.’”

We agree.  Internet Overcharging schemes are not right.  They represent little more than transparent rationing of broadband usage to reduce their costs while potentially earning $1.00 per gigabyte in overlimit fees for those who broke their allowance.

Although AT&T told Scott he couldn’t get a copy of the memo officially terminating the usage limit experiment, because it was a confidential, “proprietary AT&T document,” the rep read it out loud to Eslinger over the phone anyway.

“Reminder, the broadband usage trial in the Reno, Nevada and Beaumont, Texas market areas ended on April 1, 2010. Remember customers outside of the Reno and Beaumont are not impacted.”

Lvtalon

Reno, Nevada: One of the communities chosen for AT&T's Internet Overcharging experiment

Scott noted it was news to him.

“I never recall receiving this via email or snail mail; you would think they would have told everyone they ended it,” he writes. “Hopefully it will NEVER come back!”

One can hope.  Unfortunately, AT&T is the company that ended its unlimited wireless data plan for smartphone customers, now limiting them to just 2 GB of wireless usage per month, with a steep overlimit penalty for those that exceed it.

For millions of AT&T DSL and U-verse customers, an Internet rationing plan that limits consumption could prove costly, especially for those in rural areas where alternative providers simply are not available.

The best ways to deliver the message AT&T’s usage limits are not acceptable:

  • Inform the company you are not happy with usage limits or so-called consumption billing that seeks to consume all of the money in your wallet;
  • Don’t buy service from AT&T and tell them why.  Existing customers can be grandfathered on their existing unlimited plans, but new customers should shop elsewhere for service.

For many AT&T representatives, complaints about usage limits will be news to them, too.  Scott closes his note with word that even AT&T’s executive office customer service department, the one reserved for customers complaining to senior management, had never heard of the usage cap trials either.

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Goldman Sachs Downgrades Frontier Communications to Neutral — Eroding Revenues Cited

Phillip Dampier June 14, 2010 Frontier, Internet Overcharging, Rural Broadband Comments Off

Goldman Sachs has reviewed the implications of Frontier Communications assuming control of millions of Verizon landline customers, and promptly downgraded their stock to a Neutral rating, telling investors the upcoming consolidation will hasten eroding revenues at Frontier.

“Consolidation of the underperforming acquired assets causes an immediate step-up in revenue erosion for FTR (-6.3% in 2010). In addition, the combined company’s initial EBITDA margins will be significantly below those of legacy FTR (pro forma of 48.0% in 2010, 470 bp below legacy FTR).”

Analysts added, “We expect longer term EBITDA margins of 50%-plus, driven by synergy realization (we forecast $450 mn/year by 2013), and moderating revenue declines, as FTR is able to bring a more localized focus to assets that were not a primary focus inside of a much larger Verizon entity. We forecast 2011/2012 FCF of $950 mn/$921 mn, as synergies and margin expansion only partially offset continued (but moderating) revenue erosion.”

In English, that means Frontier will benefit from its larger customer base in reducing expenses on a per-customer basis, and could become a big enough player to realize some benefits from rolling out services to a larger number of customers nationwide, but those benefits will be tempered by the ongoing loss of revenue as customers dump Frontier landlines for wireless and, where available, switch to a cable modem product to get better speeds and consistent service that Frontier DSL does not provide.  Losing that 5 GB monthly usage allowance won’t hurt either.

Frontier is betting a good deal of the company on expanding broadband service in its largely rural service areas, where many Americans are still stuck relying on dial-up or satellite fraudband, the service that promises a broadband experience but doesn’t come close to actually delivering one.

As long as Frontier doesn’t face competition in its markets, it can deliver 1-3 Mbps DSL service for up to $50 a month and bank those profits as a firewall against ongoing loss of landline revenue.  But if new players arrive, such as LTE wireless, WiMax, cable, or municipal fiber, Frontier’s business plan could go awry in a hurry.

Frontier also continues to pin its hopes on its enormous payout of dividends — sometimes exceeding 12 percent.  The stock is currently the best dividend payer in the S&P 500.  With dependable dividends and the ability to throw back free cash to investors, shareholders can’t ask for anything more.  In the first quarter alone, free cash flow amounted to $152 million and the company paid a dividend to shareholders representing 52 percent of that amount.  That’s $152 million Frontier won’t be spending to upgrade their service or have on hand to pay down debt.

For independent legacy landline providers like Frontier, reducing that dividend could spell disaster for the company’s stock price. Even investors understand this, which is why these kinds of cautionary notes are often attached to coverage about the company:

A cautionary note: telecoms companies with large fixed line exposure generally yield high dividends presently because investors do not believe their revenues and income levels are sustainable as people continue to substitute mobile phones for fixed lines.

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Lafayette Municipal Fiber Provider Filing Complaint Against Cable Co-Op Over Access

LUS Fiber is a municipally-owned provider competing in Lafayette, Louisiana

Lafayette Utility Systems’ LUS Fiber has filed a formal complaint with the Federal Communications Commission accusing the cable industry co-op of blocking the company from getting the favorable discounts and access to cable networks its competitor Cox Cable receives.

LUS Fiber Director Terry Huval said the blockade against LUS Fiber could ultimately cost the city millions and deny subscribers access to popular cable networks.  Huval accused its rival, Cox Cable, of being behind the repeated denials of membership for the Louisiana municipal cable system.

The municipal provider issued a news release stating that its complaint to the FCC originally was joined by municipal providers in Wilson, N.C., and Chattanooga, Tenn., but the National Cable Television Cooperative has since admitted those systems, while keeping LUS Fiber out.

“The NCTC opened membership to two other municipally-owned telecommunications companies that are very similar to our own Lafayette operation and in the same week refused to admit us on the same terms and conditions,” Huval said. “The only difference among the three systems is that our major cable competitor is NCTC’s largest member as well as a member of NCTC’s board of directors.”

LUS Fiber's primary competitor is Cox Cable

The NCTC is critically important to many medium and small sized cable companies who together collectively bargain access and the best possible volume discounts for hundreds of cable networks and broadcasters.  Those discounts are substantial, considering only Comcast gets larger discounts than the NCTC’s group membership.  NCTC membership also frees members from the tedious one on one negotiations cable systems would otherwise be required to conduct to obtain and maintain agreements with cable programmers.

Keeping LUS Fiber out means the municipal provider could be left charging higher prices than Cox charges for cable-TV in Lafayette.

Federal law appears to be on the side of LUS Fiber as part of the 1992 Cable Act that consumer groups fought for:

It shall be unlawful for a cable operator, a satellite cable programming vendor in which a cable operator has an attributable interest, or a satellite broadcast programming vendor to engage in unfair methods of competition or unfair or deceptive acts or practices, the purpose or effect of which is to hinder significantly or to prevent any multichannel video programming distributor from providing satellite cable programming or satellite broadcast programming to subscribers or consumers.

The NCTC operates a spartan website at nctconline.org

As someone who personally was involved in the passage of that legislation, the ironic part is we were fighting -for- the NCTC back then.  Of course, those days the cooperative was made up of wireless cable providers, utility co-ops, municipal co-ops, and other independent cable systems that were constantly facing outright refusals for access to cable programming or discriminatory pricing.  Satellite dish-owners were also regularly targeted.  NCTC was a friendly group in the early 1990s but has since become dominated with larger corporate cable operators, especially Cox Cable and Charter Communications.

LUS builds a compelling case:

NCTC and its dominant members have not only grown significantly in size and power, but they have become increasingly anti-competitive themselves. They are now undermining Congress’s pro-competitive intent by using denial of membership in NCTC as an anticompetitive device to insulate NCTC’s existing members from competition by new entrants.

Specifically, in 2007 and 2008, NCTC imposed a “moratorium” on new members, claiming that it needed time to review its membership policies. In late 2008, NCTC supposedly lifted the moratorium, posting new application procedures on its website. These procedures, NCTC stated, would ordinarily result in admissions within 60-120 days. LUS promptly applied for membership, furnishing all of the information that NCTC required. In reality, NCTC only lifted the moratorium for private-sector cable operators, including Cox and Charter. For LUS and other municipal cable operators, NCTC’s claim to be open to new memberships turned out to be little more than a deceptive sham.

In short, as of April 2010, despite publishing procedures suggesting that new members would be admitted within 120 days, NCTC had not admitted a single new public communications provider during the year and a half since it supposedly lifted its moratorium.

Without access to programming at competitive prices, no one would consider switching to a municipal provider that charged higher prices than the incumbent.  The NCTC’s increasingly secretive and erratic admission of new municipal members provides ample ammunition for those on the outside looking in to accuse the group of unfair practices.

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AT&T’s Latest Oopsy: 114,000 iPad Owners’ E-Mail Addresses Made Public

Phillip Dampier June 14, 2010 AT&T, Consumer News, Editorial & Site News, Video 4 Comments

AT&T has made it a whole lot easier to learn who has bought Apple’s transformative iPad.  An AT&T security lapse permitted a third party to access and obtain the e-mail addresses and individual iPad ID’s of all 114,000 current owners of the device.  That third party, Goatse Security, then promptly handed over the entire list — some 2,000 pages long, to Gawker — who exposed some big name iPad owners last week.

More importantly, several high officials in government and the military were also identified as iPad owners, even as the security lapse could have given access to the exact location of any of them.

In the media and entertainment industries, affected accounts belonged to top executives at the New York Times Company, Dow Jones, Condé Nast, Viacom, Time Warner, News Corporation, HBO and Hearst.

Within the tech industry, accounts were compromised at Google, Amazon, Microsoft and AOL, among others. In finance, accounts belonged to companies from Goldman Sachs to JP Morgan to Citigroup to Morgan Stanley, along with dozens of venture capital and private equity firms.

Some of the movers and shakers exposed (Image: Gawker)

In government, affected accounts included a GMail user who appears to be Rahm Emanuel and staffers in the Senate, House of Representatives, Department of Justice, NASA, Department of Homeland Security, FAA, FCC, and National Institute of Health, among others. Dozens of employees of the federal court system also appeared on the list.

While Gawker considers the implications of a widespread security breach and whether Apple or AT&T is to blame, others are focusing more intently on AT&T’s role in the misadventure.

AT&T e-mailed every iPad owner notification of the security breach only after it became public news:

“On June 7 we learned that unauthorized computer ‘hackers’ maliciously exploited a function designed to make your iPad log-in process faster by pre-populating an AT&T authentication page with the email address you used to register your iPad for 3G service. The self-described hackers wrote software code to randomly generate numbers that mimicked serial numbers of the AT&T SIM card for iPad – called the integrated circuit card identification (ICC-ID) – and repeatedly queried an AT&T web address. When a number generated by the hackers matched an actual ICC-ID, the authentication page log-in screen was returned to the hackers with the email address associated with the ICC-ID already populated on the log-in screen.

The hackers deliberately went to great efforts with a random program to extract possible ICC-IDs and capture customer email addresses. They then put together a list of these emails and distributed it for their own publicity.

As soon as we became aware of this situation, we took swift action to prevent any further unauthorized exposure of customer email addresses. Within hours, AT&T disabled the mechanism that automatically populated the email address. Now, the authentication page log-in screen requires the user to enter both their email address and their password.”

AT&T’s damage control has been one-part victim, two-parts minimize the impact, sprinkled with “attack the messenger” all over the top.

AT&T’s characterization of the security team that exposed the security flaw as malicious hackers brought a swift response from Goatse:

AT&T had plenty of time to inform the public before our disclosure. It was not done. Post-patch, disclosure should be immediate– within the hour. Days afterward is not acceptable.

[...] The potential for this sort of attack and the number of iPad users on the list we saw who were stewards of major public and commercial infrastructure necessitated our public disclosure. People in critical positions have a right to completely understand the scope of vulnerability immediately. Not days or weeks or months after potential intrusion.

In addition AT&T says the person responsible for this went “to great efforts”. I’ll tell you this, the finder of the AT&T email leak spent just over a single hour of labor total (not counting the time the script ran with no human intervention) to scrape the 114,000 emails. If you see this as “great efforts”, so be it.

AT&T’s mistakes just keep on coming, ranging from ongoing billing errors amounting to hundreds of dollars to threatening customers with cease and desist orders just for e-mailing concerns to the company.

http://www.phillipdampier.com/video/Bloomberg Goatse Owens Calls ATT Security Flaw Egregious 6-10-10.flv

Bloomberg News ran this interview with a representative from Goatse Security that got a bit over-technical for the average Bloomberg viewer.  (4 minutes)

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Bresnan Communications Sold to Cablevision for $1.36 Billion

Phillip Dampier June 14, 2010 Bresnan, Cablevision, Video Comments Off

Bresnan Communications, the nation’s 13th largest cable operator with 308,000 customers in Colorado, Montana, Wyoming, and Utah, has been sold to Cablevision for $1.36 billion dollars — $4,300 a subscriber — well above the asking price of one billion dollars, including the company’s debt obligations.

Providence Equity Partners Inc. of Providence, Rhode Island, majority owner of Bresnan unloaded the cable company to help boost its earnings for clients.  Private equity firms like Providence have been suffering in the current economic climate, turning in their worst returns since 2000.  Many are selling off holdings to pay investors.

Bresnan spokesman Shawn Beqaj said the sale had nothing to do with founder William Bresnan’s death last November at age 75.

Bresnan, 30 percent owned by Comcast, today specializes in providing service in the sparsely populated mountain west states that have been ignored by larger companies.  At least 44 percent of Bresnan’s business is in Montana, where 688 of the company’s 1,300 employees work.  But the company’s founder, William Bresnan didn’t start out providing service in any of the states where the company operates today.

The acquisition by Cablevision, known mostly for its suburban New York City-area cable systems, would bring Bresnan’s current owners a considerable bonus over the asking price, and Cablevision (and the debt-financing banks) will pay in cash.

Other bidders included Suddenlink and a company controlled by former cable czar Dr. John Malone.

Cablevision managed to leverage the deal with less than $400 million of its own equity, financing the remaining $1 billion dollars between Citigroup and Bank of America Merrill Lynch in non-recourse debt.  That means if Cablevision’s buyout of Bresnan falters, the banks can only recoup their losses by seizing and selling the acquired Bresnan systems.  They can’t go after Cablevision’s other cable systems or sports ventures to make up the difference.

Considering Bresnan subscribers in the Northern Rockies face little prospect of robust competition, and Bresnan cable broadband can easily exceed broadband speeds offered by telephone rival Qwest, most analysts expect few problems from the deal.

http://www.phillipdampier.com/video/CNBC Bresnan Acquired by Cablevision 6-14-10.flv

CNBC explains the Bresnan-Cablevision Deal.  (3 minutes)

Bresnan Founder’s Story Is Echoed Across the Entire Cable Industry

The late William Bresnan -- Founder, Bresnan Communications

Bresnan’s journey through the cable industry over several decades tells the story of the often-ruthless deal-making, horse-trading, and customer-financed  mergers and acquisitions starting after cable deregulation in 1984.  Rates spiked to pay ever-increasing sums to buy and sell cable properties.  To own a cable system, it was said in the late 1980s, was a license to print money.

Bresnan’s involvement in the cable industry began with a job in the engineering department of a midwestern cable company and moved into management at a number of companies, most now long-gone after waves of consolidation.  Those with cable television dating back to the 1970s may even recall some of the names:

H&B American Cablevision: Operator of rural cable systems, most with around 12 channels, offering residents clear reception of over-the-air television signals.  They had a loyal customer base, stable earnings, but little potential for growth.

TelePrompTer: The nation’s largest urban and suburban cable operator through much of the 1970s, but a 1972 bribery scandal for a cable franchise agreement in Trenton, N.J., lead to bribery and perjury charges for TelePrompTer’s principal owner, Irving Berlin Kahn.  The famous songwriter’s nephew ordered the company to spend nearly everything to help mount his defense.  The TelePrompTer scandal would ultimately force the company to sell itself to…

Group W Cable: Westinghouse acquired the financially-troubled TelePrompTer in 1981.  Group W itself would exit the business by 1986 with an acquisition feeding frenzy among four other cable operators — American Television and Communications Corp.; Tele-Communications Inc.; Comcast Corp. and Daniels & Associates Inc.  Ironically, only Comcast would survive merger-mania intact.  ATC systems eventually became a part of Time Warner Cable.  TCI systems were acquired by Comcast.  Daniels was itself a buyer and seller of cable systems.

Bresnan Communications was founded in 1984, not in the mountain west, but in the upper peninsula of Michigan where Bresnan acquired and ran several small cable systems thanks to the help of cable czar Dr. John Malone, CEO of Tele-Communications, Inc., (TCI).  Millions of Americans are familiar with TCI’s own journey through consolidation, first becoming AT&T Broadband and then later as a part of Comcast.

Over the next 14 years, Bresnan expanded operations with Malone’s help.  At one point Bresnan jointly operated cable systems with TCI in northern Michigan, Wisconsin, Minnesota, Nebraska, Georgia and Mississippi serving approximately 660,000 customers. The company even bought cable systems in post-Communist Poland and in Chile, the latter eventually sold outright to TCI.

Bresnan Customers Benefit from Founder’s Technical Background

What set Bresnan Communications apart from the rest of the smaller players in the industry was the founder’s in-depth understanding of cable technology.  Bresnan understood where the industry was going, and had an insatiable appetite for new technology that would also leverage additional growth in the business.

Bresnan spent heavily to upgrade his cable systems, deploying the hybrid fiber-coaxial cable architecture (HFC) in 1997 which is still in use at most cable systems today.  HFC would set the stage for Bresnan to compete with satellite television’s multi-hundred channels, and would let him sell telephone and broadband service to his customers.

That was unprecedented for smaller cable operators.  In the 1990s, it was still common to find small cable systems running only a few dozen channels.  If these legacy cable systems didn’t upgrade, DISH and DirecTV could eat them for lunch.  For those that would raise the necessary money, upgrades were performed.  For those that couldn’t, many would exit the business, selling their cable systems to larger, better-equipped enterprises.

Buy Low, Sell High

Beyond anything else, Bresnan was a businessman.  He had a track record of acquiring cable systems at fire sale prices and selling them for a tidy profit.  So during the height of the dot.com boom, he could hardly ignore a 1999 call from Microsoft co-founder Paul Allen.  Flush with cash to spend, Allen saw cable systems as a key component of his dream for a “wired world.”  Cable companies owned dozens of networks brimming with content that he believed could help drive people to broadband.  Owning both the content and the pipeline to deliver it could drive up the value of both, and Allen could control both.  He had already established himself as owner of Charter Communications, itself a medium-sized cable operator.

Allen’s cable acquisition shopping spree inflated values of cable systems to all-time highs, finally reaching nearly $5,000 per subscriber in crazed bidding wars.  Allen offered $3.1 billion dollars for Bresnan’s small cable empire.  Bresnan sold.

Bresnan Communications Recreated

By 2003, the dot.com boom was well over and done with, and those high-spending online tycoons saw the value of their acquisitions and enterprises erode away.  For Allen, his much-treasured vision had become a cash-sucking albatross.  Charter Communications’ stock by then had lost 95 percent of its original value.  Consumer protection regulation had also arrived in 2003, putting a stop to subscriber rate increase-fueled bidding wars.  Cable rates had risen 61 percent from the time the industry was deregulated in 1984 until legislative relief took effect in early 2003.  When the Money Party ended, stock prices for cable operators crashed.

Bresnan saw the deflation in the industry as an opportunity to buy his way back in, and started shopping.  That year AT&T Broadband, formerly TCI, found itself considering an acquisition offer from rival Comcast.  AT&T owned cable systems large and small, several of which were in the Northern Rockies, hardly cable’s fast lane.  While Comcast had big plans for AT&T cable systems in larger areas, it would be willing to part with smaller systems acquired as part of the deal.

By the time Bresnan arrived with an offer in hand, cable system values dropped further, and his bid for the roughly 300,000 subscribers that comprise today’s Bresnan Communications would be accepted at the fire sale price of $2,100 per subscriber.

Since the acquisition, Bresnan upgraded its systems, offering speeds up to 15/1 Mbps in its rural service area and maintains a reputation in the industry for running well-managed cable operations.

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Ontario County, NY: We Need Fiber So Badly, We Just Did It Ourselves

Ontario County, N.Y.

Ontario County, just south and east of Rochester, N.Y., is unleashing the power of fiber optics after private providers turned their noses up at the rapidly-growing Finger Lakes region.

“We just said we need this so badly, we just did it ourselves,” says Ed Hemminger, president and CEO of Axcess Ontario, a non-profit corporation created by the county government to run the $7.5 million dollar project.  Hemminger appeared on this afternoon’s edition of CNBC’s Power Lunch.

The 180-mile fiber optic network now two-thirds complete is expected to be finished by year’s end.  Hospitals and schools are already leasing capacity on the fiber ring.

Axcess Ontario doesn’t actually provide broadband service to businesses and consumers itself.  Instead it leases capacity to all-comers, inviting them to use the fiber ring to enhance their broadband infrastructure.  The company doesn’t provide residential service, for example, but it could enhance another provider’s ability to deliver service.  Right now, the county is contemplating a wireless Internet service for consumers, if they can find a provider.  Frontier Communications could be a likely contender, considering it already provides a Wi-Fi service in downtown Rochester and in portions of suburban towns like Brighton, Pittsford, and Greece.

Hemminger

Hemminger

Ontario County is one of the bright spots in western and central New York’s difficult economy.  Both residential and business growth continues, despite the recession, particularly in communities like Canandaigua, Victor and Geneva.  Having a state-of-the-art fiber ring enhances the area’s ability to attract new businesses and jobs to the Finger Lakes region, often better known for tourism.  At least that is the plan.

“Honestly every company is an Internet company because they all have to use the Internet,” Hemminger claims.

Having the county build the network was the only prospect for getting it done.

“We can have a Return on Investment of 25 years, while the private sector has to recoup its costs in three to four years,” Hemminger says.

Thanks to Stop the Cap! reader Jeff for sending word.

http://www.phillipdampier.com/video/CNBC Making Broadband Accessible 6-10.10.flv

Ed Hemminger discusses the Axcess Ontario fiber ring project in Ontario County, N.Y., on today’s edition of Power Lunch on CNBC.  (2 minutes)

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Grand Rapids TV Hands Over Eight Minutes of its Morning Show to Heart AT&T U-verse

Phillip Dampier June 10, 2010 Astroturf, AT&T, Consumer News, Video 2 Comments

AT&T is a paid sponsor of the eightWest program, which may have had something to do with those eight minutes of positive coverage.

Last month, a Rochester, N.Y., morning television news show handed over five minutes of airtime in a thinly-disguised advertisement for local phone company Frontier Communications.

WOOD-TV in Grand Rapids took shilling to a whole new level this morning on its hour-long morning lifestyle program eightWest when it handed over nearly eight minutes to promote AT&T’s U-verse service, infomercial-style.

Essentially handing the microphone over to AT&T area marketing manager Dan Wells, the show’s hosts fell all over themselves talking about how wonderful the service was.  Channel 8′s Terry DeBoer had her original AT&T installation personally supervised by Wells, a service ordinary Grand Rapids consumers probably won’t receive.

As the “Cutting Edge” segment progressed, the station ran a chyron including AT&T’s logo and slogan, “Rethink Possible” as Wells talked about all of the service’s claimed benefits.  DeBoer just thought it was all awesome, gushing this sampler of reactions as a technobeat soundtrack pounded away in the background:

  • “An exciting new adventure in television!”
  • “It really is quite remarkable!”
  • “The super-sized DVR is awesome!”
  • “What are the other services and features that take U-verse to the next level?”
  • “It’s exclusively offered to you by our friends at AT&T.”
  • “Thanks to the power of AT&T and all of their services, you can save money.”

After eight minutes of enthusiasm, there was no time left to inform viewers of a slightly relevant fact only visitors to their website might have noticed: AT&T is a sponsor of the eightWest program.

http://www.phillipdampier.com/video/WOOD Grand Rapids ATT U-Verse 6-10-10.flv

Spend eight minutes in AT&T’s marketing Universe on WOOD-TV’s morning lifestyle program, eightWest.  (8 minutes)

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