Bray Cary -- Frontier's biggest fan in West Virginia

Bray Cary has been falling all over himself again — singing praises for Frontier Communications while many of its customers in West Virginia contend with service problems and outages, sometimes for weeks at a time.

Cary, president and chief executive officer of West Virginia Media, owner of television stations across the state, was a big supporter of the deal to sell Verizon’s landlines in West Virginia to Frontier Communications. This past spring, Cary’s weekly Decision Makers program treated viewers to a softball question and answer session with Frontier’s Ken Arndt, who was forced to “endure” Cary’s contention that opposition to the deal was limited mostly to labor union sour grapes.

With a hard interview like that, Arndt was delighted to be asked back for another edition of Tea-’N-Cookies Breakfast Club With Bray, this time to answer tough questions about how the transition could have possibly gone any better for the independent phone company.

Good morning and welcome to Decision Makers on a weekend when America is discovering the beauty of the great state of West Virginia.  Through the magic of worldwide television [...] we here in West Virginia are on the verge of discovering the power of the Internet across all of our hills and all of our valleys.

With that over-the-top introduction, Cary was off, spending nearly 20 minutes glad-handing Arndt through an interview that could have been produced in-house by Frontier’s marketing department.

Nearly 20 minutes of mutual admiration between Frontier’s Ken Arndt and WV Media’s Bray Cary can be experienced for yourself.  These segments appeared July 31st on the Decision Makers program.  (19 minutes)

Ohio County, WV

More tea?

Meanwhile, in other parts of the state things are not nearly as rosy as Cary and Arndt contend.

Stop the Cap! reader Ralph points us to Ohio Country, located in the Northern Panhandle of West Virginia, where Frontier has subjected some customers to service outages extending into three weeks.  Entire neighborhoods have lost phone and broadband service.  Dela Misenhelder, who lives in Valley Grove says a storm August 4th knocked out service for her and her neighbors.  Misenhelder used her cell phone to call Frontier three different times to no avail.

“My concern is the elderly,” Misenhelder told a local TV station.  “Do they have cell phones — being out in the country, do they even have a signal — and be able to get 911 in case of an emergency or problem.”

Frontier’s regional general manager, William (Bill) Moon said that Frontier was supposed to have contacted all of the neighbors impacted by the outage to make sure service was restored.  In Misenhelder’s case, since her phone line was still not working, she never got that call.

Moon is a name readers will become increasingly aware of, as he features prominently in damage control efforts by Frontier in northern West Virginia when they get negative media coverage.

Dela Misenhelder in Ohio County, W.V., was without her Frontier phone line for three weeks.  She made three calls to Frontier, who ignored her, so Dela called the newsroom of local TV station WTOV-TV in Steubenville, Ohio looking for help.  They achieved results for her, as you’ll see in this report.  (2 minutes)

Hancock County, WV

Matters are even more serious in the northern tip of the state — in Hancock County — where emergency responders are coping with defective T1 data lines that Frontier has failed to maintain properly, causing interruptions in emergency radio traffic.

The problems started when Verizon was in charge, but have gotten considerably worse since Frontier arrived.  Now the backup systems are beginning to fail as well.

When that happens, emergency communications with fire, police, and ambulance can’t happen, forcing first responders to rely on cell phones to communicate with one another.

Frontier called the problems with the T1 lines “odd” and at last check was examining more than 10,000 feet of phone cable looking for problems.

A local TV station witnessed the failure of a Frontier T1 line provided for emergency radio traffic themselves while filming a story on repeated Frontier outages.

On Saturday, another Frontier outage disrupted 911 service across Jefferson, Belmont and Harrison Counties, forcing local media to deliver streams of local direct numbers for emergency officials across all three counties.

http://www.phillipdampier.com/video/WTOV Steubenville Hancock County Experiencing More Phone Problems 7-8-10.flv

Not less than three reports about failures in emergency communications attributed to a defective T1 line maintained by Frontier Communications have run on WTOV-TV in the last two months.  (6 minutes)

Residents in Marshall and Wetzell counties, which complete the Northern Panhandle are no strangers to Frontier service problems.  They were Frontier customers before Verizon sold its landline network to the company.

Stop the Cap! reader Mitch in New Martinsville writes to tell us West Virginia is just becoming acquainted with service on ‘the Frontier.’

“The company delivered lousy service to us long before they’ll deliver lousy service to the rest of the state,” he writes. “We cannot get DSL from Frontier because they won’t spend the money to re-engineer the ancient wiring on our street.”

For Mitch, the outage experienced by his ailing grandmother this past February, which stopped calls connecting from outside of the 686 exchange, was the last straw.

“She couldn’t reach me and I couldn’t reach her,” Mitch adds. “If a phone company cannot even handle basic phone call connections, what good are they?”

A winter storm knocked out Frontier service across parts of the Northern Panhandle this past February.  Customers discovered they could only dial and receive calls from other local residents.  WTOV-TV covered the story.  (2 minutes)

When Mitch tried to cancel Frontier service, he says they tried to stick him with an early termination fee of more than $100.

“I never signed a contract with them,” he writes.

NY State Attorney General Andrew Cuomo

Mitch escalated his complaint to the West Virginia Public Service Commission, which finally got Frontier to relent.

Mitch’s experience with phantom early termination fees charged by Frontier are hardly new.  Last fall, Frontier was slapped with a $35,000 fine and ordered to refund $50,000 in wrongfully charged termination fees by the NY State Attorney General’s office.

That precedent might come in handy in Washington state, where Frontier “accidentally” put former Verizon customer Steve Matheny in Redmond on an annual contract with a hefty cancellation fee.  When Frontier took over for Verizon, Matheny decided it was time to drop service.  Frontier sent him a final bill including a fee of $120 for terminating his service before his contract had ended.

Only one problem — he never had a contract.

“These folks rolled in and added a fee that no one committed to, at least I didn’t commit to,” he said.

Frontier ignored Matheny’s attempts to get the fee off his final bill, so he called KING-TV in Seattle for help.

As with so many other cases, when local TV stations feature Frontier’s mistakes and bad service on the 6 o’clock evening news, doors to a speedy resolution have a tendency to open.  Matheny got his $120 “fee” removed.

http://www.phillipdampier.com/video/KING Seattle Bundled by accident charged a fee 8-24-10.mp4

Redmond, Washington resident Steve Matheny joins a growing number of Frontier customers who suddenly find themselves on annual service contracts with hefty cancellation fees, despite the fact they never agreed to them.  KING-TV reports their intervention finally cut through Frontier’s red tape to get $120 in early cancellation fees removed from a final bill.  (2 minutes)

For West Virginia residents, the next time you experience a problem with your Frontier landline or broadband service, why not contact Bray Cary and ask him what he’ll do about it.  At the very least, ask him to pass you the plate of cookies.

Almost two years to the day Frontier Communications quietly introduced language in its customer agreements providing a monthly broadband usage allowance of just 5GB per month, the company has quietly removed that language from its terms and conditions.

The 5GB usage allowance was deemed generous by Frontier CEO Maggie Wilderotter.  Frontier claimed most of its 559,300 broadband subscribers (2008 numbers) consumed less than 1.5 gigabytes per month.  But news of the cap angered customers anyway, particularly in their biggest service area — Rochester, N.Y.  In fact, Frontier’s usage cap was what sparked the launch of Stop the Cap! in the summer of 2008.

While never universally enforced against the company’s DSL customers, Frontier has used that portion of its acceptable use policy to demand up to $250 a month from some “heavy users” in Mound, Minn.

Frontier’s usage limit language also played a role in a major controversy in April, 2009 when Time Warner Cable planned usage limits of their own for western New York customers already faced with Frontier’s 5GB usage limit.

The phone company used Time Warner’s planned usage cap as a marketing tool to switch to Frontier DSL service.

Frontier used Time Warner Cable's usage cap experiment against them in this ad to attract new customers in the spring of 2009.

This website has pounded Frontier for two years over its continued use of the 5GB language as part of its broadband policies.  We raised the issue with several state regulatory bodies as part of Frontier’s purchase of Verizon landlines in several states.  Several state utility commissions raised the usage cap issue with Frontier as a result, deeming it negative for rural broadband customers who would effectively endure rationed broadband service from a de facto monopoly provider.

We also criticized Frontier for promoting its MyFitv service, little more than a website containing Google ads and embedded videos already available on Hulu, while not bothering to tell its customers use of that service on a regular basis would put them perilously close to their 5GB allowance.

In the end, Frontier itself denied they would strictly enforce the 5GB limit, making its continued presence in the company’s terms and conditions illogical.

Now, the company has returned to the earlier language it formerly used, reserving the right to shut you off if you use the service excessively or abusively.  This resembles similar language from most broadband providers.  While not absolute in defining those terms, Frontier doesn’t commit to a specific number either.  Today’s “generous usage allowance” is tomorrow’s “rationing.”

If Frontier cuts off customers for using only a handful of gigabytes a month, deeming it excessive, we want to know about it.

Stop the Cap! opposes all Internet Overcharging schemes like usage caps, speed throttles, and so-called “consumption billing.”  We believe such limits retard the growth and potential of broadband service and are unwarranted when considering the ongoing decline in costs to provide the service.  We do not oppose providers dealing with customers who create major problems on their networks, but believe those issues are best settled privately between the company and the individual customer.

Providers must also be honest in recognizing that broadband is a dynamic medium.  They have a responsibility to grow their networks to meet demand, especially at current pricing which provides major financial returns for those offering the service.  We also believe broadband tiers should be limited to speed, not consumption.  Customers with higher data demands will naturally gravitate towards higher-priced, faster-speed tiers, providing higher revenue to offset the minimal costs of moving data back and forth.

Broadband customers will be loyal to the providers that treat them right.  We applaud Frontier Communications for finally removing the last vestiges of its infamous 5GB usage allowance.  Hopefully, going forward, Frontier will spend its time, energy and money improving its broadband service instead of trying to convince customers to use less of it.

One month after Frontier Communications took over phone service from Verizon Communications in West Virginia, unresolved problems over West Virginia’s telephone system continue to mount, leaving one sheriff’s department using Facebook to communicate with some residents and a renewed call for an investigation over Frontier’s poorly functioning “Operational Support System.”

One serious problem is in Wetzel County, where the local sheriff’s office faces trouble from disruptions to their call management system that began July 1st, the date Frontier switched over operations from Verizon Communications.  Calls that are intended to reach individual officers’ direct extensions or voicemail are instead being diverted into a black hole, as callers are told they will be transferred to an operator that does not exist.

The result of the ongoing, month-long problem is that individual residents are unable to reach officers except through the county’s Facebook page and website.  Emergency calls to 911 are not affected, but calls transferred from 911 to the sheriff’s office are.

Despite weeks of back and forth, Frontier is blaming an outside vendor for the problem, claiming the sheriff’s office needs to order a “part” to repair the all-digital call management system.  That doesn’t seem to impress Wetzel County Sheriff James Hoskins, who wonders why the problem suddenly started the same day Frontier switched away from Verizon’s systems.  Additionally, voicemail messages saved on Verizon’s old system are no longer accessible to the department.

Meanwhile, other service disruptions continue to pile up across the state, along with consumer and business complaints at the Consumer Advocate’s Division of the Public Service Commission.  Things have deteriorated so much, the state’s Consumer Advocate Byron Harris is asking the Commission to hold hearings on Frontier’s poor performance in the state.

Harris told MetroNews the problems have gone beyond glitches.

“In any transition between companies, there are always going to be some glitches, but this has gotten past the point of glitches,” Harris said.

FiberNet uses Frontier’s landline network and, last week, that company asked for a similar review.  FiberNet officials say their customers have been experiencing many problems since the change at the beginning of the month.

“At the Consumer Advocate’s Division, we’ve also noticed a significant increase in complaints, across the board, all types of complaints from customers,” he said.

Harris says customers that are having problems are, in some cases, also finding it difficult to get in touch with anyone with Frontier to report their issues.

But Frontier Spokesperson Brigid Smith says it’s impossible to completely avoid all such problems.

“We are 30 days into a very, very large change which, by and large, has gone very well,” Smith told MetroNews.

“There have been glitches.  We have taken accountability for those.  We are trying to fix a system that has been sorely neglected and we are very, very committed to the state.”

Stop the Cap! reader Janel from Huntington thinks that excuse is becoming the equivalent of a broken record.

“Frontier can’t help but tell people here over and over and over how great of a job they’re doing and how well the transition went,” she writes.  “But there are a whole lot of people who disagree — they just don’t happen to work for Frontier.”

Janel’s cousin lost his DSL service for nearly a week after the transition and after repeated calls to customer service finally learned the company lost his records.

“They deactivated his account and their customer service people, when they bothered to answer, were about as useful as a car in a ditch,” she notes. “They had no record he even had an account and thought he was served by some other company, despite having a phone bill he was willing to fax them showing he had their DSL service.”

Frontier eventually “re-established service” after re-entering his customer information and reauthorized the DSL modem.

Frontier’s unionized employees facing enormous overtime demands are perhaps the best evidence Frontier continues to experience serious transition issues.

Frontier used a provision in its union contract with the Communications Workers of America to demand 70-hour workweeks for many Frontier service technicians working in West Virginia, declaring an “emergency and long term service difficulty.”

With an extremely hot summer underway, line technicians are facing long hours in 90 degree plus weather repairing lines Verizon neglected for years.  Transition issues are also being blamed for long overtime hours as Frontier works its way through a large number of unresolved support requests.

WTRF-TV in Wheeling, W.V., reports on the concerns of the Wetzel County Sheriff’s Office, which is still without properly working phone service a month after Frontier Communications took over phone service in the state.  (3 minutes)

Frontier Communications rented a conference room at the Charleston Embassy Suites, calling it a "command center" for the transition. (Courtesy: Charleston Gazette/Lawrence Pierce)

No state faces a larger impact from Verizon’s exit than West Virginia.  The epitome of the kind of market Verizon doesn’t want to serve any longer, West Virginia suffered through several years of Verizon not keeping up with required investments in the aging landline network, and service had markedly deteriorated as a result.  West Virginia is mountainous — expensive to maintain infrastructure, often rural — reducing potential revenues, and economically-challenged — killing the chances of making “triple-play” sales (and profits) in communities where customers have to watch every penny.

West Virginia was also the epicenter of the loudest controversy over the sale, as unions and consumer groups opposed the transaction because of its enormous threat to an entire state’s landline network.  A failure by Frontier would result in the kind of drama experienced by northern New England customers of FairPoint Communications, who suffered with more than a year of horrible service and inaccurate billing.

So news that Frontier has run into problems in the state just one week in, despite sending 250 extra employees into the area for the conversion, has raised concerns with the Public Service Commission, as well as those impacted by problems and outages.  Frontier has tried to put its best face forward, with employees holed up in a self-described “command center” in a conference room at the local Embassy Suites in Charleston.  On the day before the handover, press photographers were able to snap pictures of Frontier employees seated at long conference tables facing one another, with laptops open.  A digital projector showed PowerPoint slides that promoted the “new Frontier” while a temporary company banner tacked to a corner wall rippled over a stand.  A high tech glitz and glamor presentation this was not.

David Armentrout, president and chief operating officer of FiberNet was underwhelmed by all of it.  His company requires connections with West Virginia’s landline provider to deliver full service to his clients.  Prior to the handover, Armentrout said FiberNet had 43 outstanding trouble tickets on file with Verizon.  But Verizon apparently never handed over those support tickets to Frontier, effectively losing them after the transition.  Now that Frontier has taken over, Armentrout’s company has had to open 113 trouble tickets for problems old and new.

Armentrout complained about the lack of results from Frontier in the pages of the Charleston Daily Mail:

Armentrout said that after consistently being put on hold for more than an hour when trying to reach Frontier to talk about outstanding trouble tickets, “we had a meeting with their senior team on Saturday. We said this was not acceptable. Since then they’ve given us a work-around with two dedicated Frontier employees. When we get an hour hold time, we contact these dedicated employees.

“Another issue we’ve had is, we’ve had to contact our customers directly to verify the status of their trouble tickets because the (Frontier) system doesn’t tell us the status,” he said. “As a result of having to contact our customers directly and working with Frontier on all of these issues since July 1, our dedicated team has spent over 200 man-hours working on these issues.

“When you look at the results: six of 43 completed and three of 113 completed, we’re doing a lot of work and spending a lot of man hours but not really seeing a lot of service issues being resolved.

“Unfortunately on Friday the Public Service Commission was closed,” Armentrout said. “We made attempts to get in touch with them because we recognized we would have the problems we’re continuing to have today. I want our customers to know we’re doing everything we can to get these issues resolved.

“Several individuals within Frontier have exhibited good-faith efforts to resolve these issues,” he said. “We commend them for their efforts. But what we’re looking for is results. We need to get these issues fixed. They’ve made efforts but at the end of the day we’re still not getting where we need to be.

“Come Tuesday when business gets back to normal we can expect these numbers to increase unless we get these issues resolved,” Armentrout said. “Our intention is to go to the Public Service Commission on Tuesday and get them involved to make sure these issues are getting resolved as quickly as possible. It has been a long weekend.”

Ken Arndt, president of Frontier’s Southeast Region, issued a statement Sunday that unconvincingly blamed some of the delayed fixes on the recent death of West Virginia Senator Robert Byrd:

“We are doing the necessary work needed to correct old and current issues. It’s Day 4 and overall this has been a very successful conversion. That is especially true when you remember that Day 2 was marked by the presence of the President and Vice President of the United States and many members of Congress at the memorial for Sen. Robert Byrd. We made sure Frontier’s system performed flawlessly.”

The newspaper notes Verizon’s landline network in the state is notorious for having problems when there are storms, and since the July 1st transition there have not been any.  Armentrout agrees, hoping that Frontier’s outstanding issues get resolved before the first major storm hits the state, which could come as early as Friday.  Armentrout calls the first severe weather challenge Frontier faces “the mid-term exam.”

Taking the longer view, Frontier promises it will spend millions in West Virginia to update the state’s landline infrastructure and expand broadband availability.  Frontier announced the hiring of nine regional managers to oversee operations across the state, including Mitch Carmichael, a delegate in the West Virginian legislature representing Jackson.  Carmichael is a former computer salesman who will now manage Frontier’s Parkersburg office.

Customers are less impressed.  Many have experienced lengthy outages with their DSL service since the transition — a bad omen for many Charleston residents who immediately called Suddenlink, the area’s cable company, to switch service providers.  Another Charleston customer called Frontier’s continued reliance on a Yahoo!-provided “front end” “really low class.”  In nearby Huntington, a few customers couldn’t say much about what changed after Frontier took over because their phone service went out on the 1st and was still out a week later.

“I hope they don’t raise the bill since we have not had any phone service at all since 11:00am on July 1st when Frontier took over,” wrote one customer. “With my phone service out since Saturday and a new promise of repairs to be made by Tuesday July 6th, I am waiting to see where Frontier improves service in rural West Virginia. The Verizon employees would just as soon as to tell you anything — same people, just a different company. Frontier needs to have a major house cleaning, as their tales haven’t changed along with the service,” writes another.

A handful also complained that their Frontier phone service cost plenty more than what Verizon charged:

“My parents have Frontier and their bill is twice as high as my Verizon. We have the DSL and the freedom package (unlimited long distance, call waiting, voicemail and caller ID) and my bill is $78 a month.  My parents only have local calling, call waiting, voicemail, caller ID, and DSL and their bill is over $120 with no long distance,” he writes.  “How is this take over going to help anyone other than Frontier? I’m going to cable for Internet and phone.”

WSAZ-TV in Charleston says some companies are experiencing minor problems in the West Virginian conversion from Verizon to Frontier.  (2 minutes)

Talk about bad timing.  Just as the transition between Verizon and Frontier Communications was about to get underway, a fiber cable cut in Virginia June 29th caused a multi-state outage for Frontier DSL’s service.  In downstate New York, tens of thousands of customers lost service.

News of the outage was picked up by the Times Herald-Record, which reported nearly 30,000 customers in Orange and Rockland counties without service from 2-11am.  A Times reader named Steve observed, “I thought this outage was just the typical monthly DSL outage I suffer every month with Frontier. Think service is bad now? God help us when they get their hands on that chunk of Verizon territory. I suspect it will be overwhelming for them, from financial and technical viewpoints.”

Several thousand customers near Rhinebeck and Hopewell Junction were also impacted, according to a story in the Poughkeepsie Journal.  Reader MarienneV noted this wasn’t the first Frontier DSL outage she’s dealt with:

We noticed that there was no Internet at my house at around 5am yesterday. It was after 8pm when we were finally able to get online. This is not the first time it happened either, about a week or two ago Frontier had an outage that lasted at least five hours. Since there is no local television news up here, I felt kind of cut off from the world. I hope the Internet stays on now.

A similar service outage hit Frontier customers in the Middletown area, according to the Mid-Hudson News.

Since the transition, now even former Verizon customers are being exposed to Frontier DSL outages, especially in West Virginia where widespread problems are attracting the attention of the state Public Service Commission.

The Charleston Daily Mail today reports more than 500 customers in Martinsburg alone seem to have had problems with Internet service since Saturday:

The commission, in its May 13 order approving Frontier’s acquisition of Verizon’s landline network, required Frontier to spend millions of dollars to increase broadband deployment and subscriptions in what was Verizon’s service territory. However, the commission does not regulate Internet service.

On Tuesday Doug Stone said he and his brother-in-law, who both live outside of Martinsburg, hadn’t had Internet service since Saturday morning. Stone said a Frontier customer service representative in Texas told him the company had over 500 calls from the Martinsburg area about Internet service.

Tuesday evening Frontier spokeswoman Brigid Smith said, “The outage in Martinsburg seems to be the direct result of faulty workmanship by Verizon two weeks prior to the completion of the acquisition,” and was directly related to Verizon’s movement of a switch from Maryland to West Virginia. She added, “The cooling equipment Verizon installed was insufficient for the additional data equipment associated with this project.

“My partners at Frontier are working incredible hours to make right many things that have been too long ignored,” Smith said.

A Marmet resident who asked to not be identified said Wednesday that she and a friend, who also lives in Marmet, were without Internet service. “They tell us it will be 24 to 48 hours before they fix it,” she said. “I want you to know the problems aren’t just in Martinsburg.”

Week one of the transition for millions of ex-Verizon landline customers didn’t exactly go off without a hitch.  A few problems with support issues for certain business customers in West Virginia, a major multi-state DSL outage from a fiber cable cut in Virginia, and long hold times of 30 minutes or longer have afflicted the all-new, super-sized Frontier.  Also not inspiring confidence: a plummeting Frontier stock price as Verizon shareholders, which now own 68 percent of Frontier Communications are hurrying to dump their stock and get out.  It has gotten so bad, TradersHuddle declared Frontier Communications the worst performing stock on the S&P 500.

Not much of this comes as a surprise, particularly the fleeing of Verizon shareholders who received 0.24 shares of Frontier, worth about $1.75 on July 1st (but now dropping fast), for every Verizon share they owned on June 7.  They’ve learned from prior experience that holding onto spun-off stock from similar deals with companies like FairPoint Communications and Hawaiian Telcom ended in financial disaster — bankruptcy.  As we predicted last Halloween in our true-to-life telecom horror story, once this deal was completed, Verizon shareholders would rush for the exits, selling their Frontier stock even as the share price plummets.

Shanthi Venkataraman, a reporter for The Street, noted the selloff in progress after the 4th of July holidays.  On Tuesday the stock was down 4.5% to $7.02. More than 30 million shares have changed hands, five times its average trading volume of 6.3 million.  Analysts believe the “turbulence” in Frontier stock is likely to continue for another week as new shareholders from Verizon complete their sell-off.

Zack’s Analyst Blog notes shareholders should be concerned with the future of Frontier’s business model — focusing on a decaying landline business.  Frontier’s revenue is particularly in peril in their biggest service area, Rochester, N.Y., which represents 25 percent of the company’s total access lines.  Customers in the Flower City continue to dump Frontier’s phone and broadband services, preferring Time Warner Cable’s less expensive “digital phone” and far faster Road Runner Internet service.  Time Warner Cable has consistently reported much of their growth in new customers has come from departing landline and DSL broadband customers disconnecting service.

While shareholders have the power to cut ties with Frontier, rural telephone customers in 14 states now confronted with a shotgun wedding to Frontier are not so lucky.  For millions of rural customers, there is no other choice for telephone and broadband service.

Stop the Cap! has reviewed dozens of local news accounts regarding the transition Verizon customers are now confronting as they are introduced to Frontier Communications.  Overall, most of the rural communities are taking a “wait and see” approach, hoping Frontier’s near-universal promises of better broadband and improved customer service will come true.  Verizon effectively slashed spending at least a year or two ago in many of these communities knowing in advance they were not going to be around for much longer.  In states like West Virginia, the results have been devastating for broadband penetration statistics.  While Verizon prepared for a sale, it kept nearly the entire state waiting for better broadband that would never come from the telecom giant.  Now with news Frontier plans to spend millions to improve broadband in the state, residents are hoping that will actually bring a broadband breakthrough in West Virginia.  Time will tell.

Many communities who have long felt ignored as “too small to matter” in Verizon’s larger plans also hope Frontier will manage better customer relationships with residents. After all, Frontier is promoting itself as the phone company with the small-town feel.  But after week one, some customers are feeling Frontier is giving them the big city runaround.  We’ll explore that, and the reactions from community leaders, consumers and businesses to the promises Frontier is making in our multi-part series exploring their transition to Frontier.

When phone companies like Verizon decide to throw their rural customers under the bus by selling them off, shareholders and executives rake in windfall bonuses, sometimes in the millions.  Now a New York assemblyman and a state senator want ratepayers to get a 40 percent cut of the action.

Assemblyman Richard Brodsky (D-Westchester), is the primary sponsor of Assembly Bill A02208 — An Act Requiring the Public Service Commission to Conduct an In-Depth Public Interest Analysis of Proposed Mergers by Telephone Corporations and Other Telecommunications Services Providers.  A companion New York Senate Bill, S7263, was introduced by Sen. Brian X. Foley (D-Blue Point/Long Island).

The legislation would compel phone companies engaged in the practice of mergers, acquisitions, and sales to share 40 percent of the proceeds with New York’s landline phone customers.

The legislation came as a result of watching Verizon systematically sell off parts of its phone empire to third party companies like FairPoint Communications, Hawaiian Telcom, and Frontier Communications.  More than five million customers have been switched away from Verizon to other companies, most of which have gone bankrupt as a direct result of the sales.

Brodsky

Both Brodsky and Foley don’t want to see New York residents face similar consequences.  They are particularly concerned about Verizon’s upstate operations, particularly in rural areas outside of cities like Buffalo, Binghamton, Rochester, Syracuse, Albany, and northern New York.  In the upstate region, Verizon has constructed fiber to the home service under its FiOS brand in urban and suburban regions where it operates, but has made few changes in the countryside.  As Verizon customers from Washington to North Carolina suddenly find themselves served by Frontier, why couldn’t the same thing happen in communities like Sodus in Wayne County, Penn Yan in Yates County, or just about anywhere in northern New York?

Verizon’s business plan has evolved over the last ten years.  Company president Ivan Seidenberg previously declared the landline business dead, and the company has turned its attention to delivering fiber-based video, phone and broadband services to the major population centers within its service areas.  Because rural customers cost too much to serve with similar packages of services, Verizon has begun selling them off to independent phone companies that still see revenue from copper wire landline service.

Verizon claims it has no plans to sell any of its operations in New York, but Brodsky and Foley want insurance that if they change their mind, no ratepayers in New York will face what happened in northern New England or Hawaii when the companies taking control ended up in Bankruptcy Court.

“It’s a ratepayer protection bill for upstate New York,” Brodsky said.

Brodsky said if Verizon were to sell operations, consumers will not be left with inferior service.

Forcing companies to share proceeds of sales to ratepayers who ultimately indirectly bankroll most of these deals is not unprecedented in New York.  Electric and gas utilities are often required to send refunds or issue credits when they sell assets.  Ratepayers of Rochester Gas & Electric received several compensation checks after the sale of the Ginna nuclear power plant in Ontario, New York to Constellation Energy Group in 2004.

Verizon could also be compelled to reinvest proceeds earmarked for consumers in the company’s infrastructure, such as paying for broadband improvements or upgrading lines.

The legislation would only impact companies earning more than $200 million in gross annual revenue from New Yorkers.  Currently, that means the legislation would only impact Verizon and Frontier Communications.

Not surprisingly, Verizon is vehemently against the proposed legislation and is fighting tooth and nail to kill it in Albany.

Foley

Jim Gerace, president of Verizon’s New York region, told the Albany Times-Union the Brodsky legislation was bad for Verizon and anti-business in general.  Gerace predicted companies would not want to do business in New York because they’d fear similar profit-sharing legislation could eventually target them.

“I’m convinced this is going to have a chilling effect on all businesses,” Gerace said. “They’re sending a very dangerous message to all businesses. It just compounds the state’s woes.”

But the Public Service Commission is intrigued by the legislation and is reviewing it.  If enacted, it could make a mass sell-off of rural landlines untenable in New York.

A02208 passed the Assembly by a wide margin — 103-34 and is now awaiting final action in the Senate.  It narrowly passed the Senate Rules Committee June 16th by a 13-10 vote.

If you want to see the bill passed, consider contacting your New York State senator and asking them to support the immediate passage of S7263.  Let them know you do not want phone deals to be cut at your expense, leaving you with a second-class provider.  If Verizon wants to sell off your community, they owe consumers a piece of the action.  It’s time that phone mergers, acquisitions and sell-offs actually benefit the consumers that ultimately pay for them and live with the results.

Frontier Communications today announced it was keeping a commitment to use only American-based call centers to provide customer service.  That will be a welcome change for former Verizon customers who often found their customer service calls transferred to overseas help desks and representatives.

“In addition to voice customer service, our broadband Internet help desk jobs will continue to be staffed by a 100 percent U.S.-based workforce. This will include the creation of 500 new US-based jobs replacing work that Verizon sent overseas,” said Maggie Wilderotter, Frontier’s Chairman and CEO.

Many calls for assistance with Frontier’s Internet service end up in Henrietta, New York — near Rochester.  A good deal of Frontier’s general customer service assistance is provided from a large call center in DeLand, Florida — midway between Daytona Beach and Orlando.

Frontier is also pr0mising its customers appointment windows within two hour blocks, making it easier to know exactly when a technician will arrive.  If Frontier keeps its appointments, it means customers don’t have to take an entire day off from work waiting for someone to show up.

Frenzied stock trading of shares of Frontier Communications began Tuesday as bearish investors placed a record number of bets the company would lose more than a third of its value by August.

Nearly 87,000 “puts” on Frontier changed hands, which is 66 times the monthly average.  This form of derivative trading lets an investor sell stock at a pre-specified, fixed price within a limited time frame, even if the stock price crashes.  These “puts” are comparable to insurance policies, usually sought by investors who believe a stock is about to rapidly decline in value.

Almost all of the volume was generated in two major trades yesterday.  Investors bought July and August puts at the $7.50 level, which suggests at least some investors are betting Frontier stock will decline below that amount.  If it does, they can still sell shares at $7.50.  Frontier fell 17 cents to $7.69 in New York Stock Exchange composite trading Tuesday. It has dropped 1.5 percent so far this year.

Speculation about why the sudden pessimism about Frontier Communications was sprinkled throughout the financial press.

“The motivation for the trades could be outright bearish,” Caitlin Duffy, an equity options analyst at Greenwich, Connecticut-based Interactive Brokers Group told Bloomberg News. “But it could also be someone buying downside protection if they’re long with a large position in Frontier.”

One factor they may be forgetting is the recent completion of Frontier’s acquisition of Verizon landlines in more than a dozen states.  On July 1st, Verizon will spin off its entity New Communications Holdings Inc., created specifically for the tax-free sale, to Frontier.  In effect, Verizon shareholders will suddenly own between 66 and 71 percent of the shares of Frontier and Frontier stockholders will be left with the remaining 29-34 percent.

Should Verizon shareholders decide that Frontier could follow earlier Verizon spinoffs into financial disaster, they’ll want to dump their shares of Frontier stock as fast as possible, causing the share price to plummet.  Those investors buying “puts” may be guessing that is precisely what is about to happen, and they’re hedging their bets.

Frontier Communications filed suit Tuesday against Google claiming the search giant stole its patent for giving users one phone number connecting their home, work and cell phones, the core feature of Google Voice.

Frontier, the independent phone company based in Stamford, Connecticut, claims it holds the patent for allowing a subscriber to “be reached on multiple telephone lines from a single dial-in number.”

“Google’s deliberate infringement of the patent has greatly and irreparably damaged Frontier,” the lawsuit charges.  Frontier is seeking unspecified damages and an injunction to stop the use of the technology.

The lawsuit distracted from Google’s announcement that Google Voice was out of beta and now available to anyone in the United States.  Google Voice lets users obtain a free phone number that will ring multiple telephones and screen calls.

The one number follow-me feature is hardly new to either Google or Frontier.  Phone companies have offered similar features to businesses through telephone products like Centrex since the 1960s.

Frontier filed its lawsuit hours after the U.S. Patent and Trademark Office issued Frontier’s requested patent.

“We believe these claims are entirely without merit, and we’ll defend against them vigorously,” said Google spokesman Andrew Pederson.

Frontier will likely face an uphill battle in its lawsuit, because the company’s patent request from 2007 comes two years after Google Voice’s predecessor, GrandCentral launched service in 2005.  Google acquired GrandCentral in 2007, rebranding it as Google Voice. GrandCentral offered the same “one number” feature Frontier is complaining about two years before the phone company applied for its patent.

Perhaps Frontier’s lawyers might acquaint themselves with the concepts of “prior art” and “first-to-invent.”