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N.Y. Governor Reneges on 100% Broadband Promise, Offers Satellite to 72k New Yorkers Instead

Gov. Andrew Cuomo announcing rural broadband initiatives in New York.

It was called “Broadband for All” — New York Governor Andrew Cuomo’s commitment to bring high-speed internet service to every New York State resident. But it now appears the governor will break that promise and leave more than 72,000 rural New York residents with satellite-delivered internet that does not come close to meeting the broadband speed standard and is infamous for customer frustration, slow speeds, and low data caps.

Ensuring High-Speed Internet Access for Every New Yorker

In today’s world, internet connectivity is no longer a luxury—it is a necessity. Broadband is as vital a resource as running water and electricity to New York’s communities and is absolutely critical to the future of our economy, education, and safety.

In 2015, Governor Cuomo made the largest and most ambitious state broadband investment in the nation, $500 million, to achieve statewide broadband access by 2018. 

The New NY Broadband Program sets as its goal access to speeds of 100 Mbps for all New Yorkers, with 25 Mbps acceptable in the most remote and rural areas. The cost must not exceed $60 and there is a general prohibition of data caps. This goal exceeds requirements of the FCC’s Connect America Fund program and requires that projects be completed on a more accelerated timeline.

Today, the governor announced the state grant winners to split $209.7 million in the third and final round of awards to offer 122,285 additional homes, businesses, and institutions broadband internet service.

“These latest awards through Round III of the New NY Broadband Program will close the final gap and bring high-speed broadband to all New Yorkers in every corner of the state,” the governor’s office claimed.

Except it won’t.

Tucked in among the grant award winners is a $14,889,249 grant to Hughes Network Systems, LLC, targeting 72,163 rural New Yorkers, more than half of the total number of customers to be reached in the third round. Hughes operates the HughesNet satellite internet service, a technology derisively known as “satellite fraudband” for routinely failing to meet its advertised speed claims. It’s also known as “last resort internet” because it is slow, expensive, and heavily data capped.

Complaints about HughesNet are common on websites like Consumer Affairs:

“Extreme false advertising. Over the first 30 days with HughesNet Gen5, I averaged 3 Mbps download when advertised 25 Mbps. I canceled when they couldn’t answer why I used 20 GB of data in less than 24 hours. I am a 55 year old average internet user. No streaming. No music. No videos (YouTube). DO NOT GET THIS SERVICE EVEN IF NO OTHERS ARE AVAILABLE.” — Dennis, Tazewell, Tenn. (1/25/2018)

HughesNet claims high speed internet in our region. Clearly not available here, 3 service calls, with exchange of equipment, 50 calls – recorded leaves us no choice, we demand that this contract be null/void without stealing $399 cancellation. A despicable Company, uninformed customer service, average speeds with a video; upload speed 0.62 Mbps, the download speed is 1.28 Mbps. Help!!!” — Jeffrey, Kerhonkson, NY (1/21/2018)

“Promised speeds of no less than 25 Mbps. Actual speed received was 5-9 Mbps. Unable to stream anything. Computer programs did not operate and did not update as required. We have cancelled HughesNet at great cost to us. Worst internet service ever.” — Jennifer, Hartsville, SC (1/12/2018)

Pat (last name withheld) lives 1.3 miles from the nearest Charter Communications customer in Niagara County, near Niagara Falls and is very disappointed with recent developments. Charter has quoted an installation fee of $50,000 to extend their cable service and Verizon has refused to provide DSL service, leaving Pat resorting to using an AT&T mobile data plan, which is expensive and gets throttled after using more than ~22 GB a month.

“This was a scam from Jump Street,” Pat said. “Phase 3 has 70,000 out of 120,000 homes getting satellite internet, a technology that was already available. It also gives $70 million to Verizon who declined funds in first place. Five years and $675 million later and still no internet for my kids.”

“This is a huge disappointment for us,” Pat added. “We were counting on this happening. Told numerous times it would. Now we have to debate moving, we can’t continue not having internet. My oldest son just graduated high school never having internet at home.”

“I have written and spoke with New York Broadband Program Office and it was clear to me from the beginning they didn’t understand the problems they faced, namely infrastructure costs,” said Pat. “They didn’t want to hear it. They wrongly assumed that telecoms would bid and everyone would have internet. I knew when announcements were delayed that the bids for last mile didn’t come in. Tragic really. I think they made a mistake accepting that money from the FCC. Satellite was never on the table until that happened.”

Stop the Cap! readers have told us satellite internet is the worst possible option for internet access, and many have reported better results relying on their mobile phone’s data plan. But New York’s solution for more than 70,000 of its rural citizens — many that believed the governor’s commitment of 100% coverage — is to saddle them with satellite internet access starting at $49.99 a month for a paltry 10 GB of usage per month. The top plan on offer costs $99.99 a month and is capped at 50 GB a month before a speed throttle kicks in and reduces speeds to dial-up levels. A 24-month contract is required with a very steep early cancellation penalty.

Another surprising winner is Verizon Communications, a company that originally refused to participate in rural broadband expansion efforts. Verizon will accept more than $70 million to expand its broadband service to 15,515 homes, businesses, and institutions in the Capital Region, central New York, the North Country, and Southern Tier. At press time, it is not known if Verizon will bring FiOS or DSL to these customers.

Because New York State relied on private companies to bid to cover unserved residents, it seems clear HughesNet is the default choice for those New Yorkers stranded without a telecom company bidder. Although that will allow Gov. Cuomo to claim his program reaches 99.99% of New Yorkers, the rural broadband problem remains unresolved for those who were depending the most on New York to help bring broadband to rural farms, homes in the smallest communities, and those simply unlucky enough to live in small neighborhoods deemed unprofitable to serve.

NY City Residents Can Watch Free Streams of 15 Local TV Channels… For Now

If you are a resident of New York City, you can now stream 15 over the air local television stations for free, at least until the station owners send their lawyers after the coalition running the new service.

Locast.org is owned and operated by Sports Fan Coalition NY, a non-profit organization best known for successfully petitioning the Federal Communications Commission to eliminate the Sports Blackout Rule that forced local broadcast stations near stadiums to black out a game if a team did not sell a certain percentage of tickets by a certain time prior to the game.

The group launched Locast to challenge the idea that those unable to receive good reception of over-the-air local stations need to subscribe to a pay television provider to get a clear and reliable picture. Cord-cutters, in particular, often fear the loss of local television stations when they drop their cable subscription. Locast is designed to make sure those relying on streamed entertainment can also get free broadcast television over their internet connection.

The service currently provides 15 channels that broadcast in New York City:

  • WABC (ABC)
  • WCBS (CBS)
  • WNBC (NBC)
  • WNYW (FOX)
  • WNET (PBS)
  • WLIW (PBS)
  • WWOR (MyNetworkTV)
  • WPIX (CW)
  • WPXN (Ion)
  • WNJU (Telemundo)
  • WFUT (UniMás)
  • WMBC (Ind.)
  • WLNY (Ind.)
  • WFTY (Justice Network)

Viewers must live within the New York City television market to receive the service, and Locast enforces this with GPS and other similar location verification tools. Some residents of northern New Jersey complain they are unable to access the service, despite being within the New York City television market, a problem the group recognized and is attempting to fix. Viewers can watch the service on a desktop computer, mobile device, or tablet. There is no DVR service available at this time.

Stream quality is acceptable, but not stellar. In tests, we found the service suffered from occasional artifacts and was somewhat grainy. This would be particularly noticeable on a large screen television, much less so on portable devices. The picture was slightly better than Standard Definition. There were occasions when certain channels were unavailable and others suffered from streaming problems that caused portions of the audio or video to disappear. Remember, however, the service is new and free.

Locast offers a web-based interface.

The biggest challenge to Locast will not be the video quality of its streaming television channels. It will be dealing with lawyers.

Locast, like many similar services that came before it, relies on a novel interpretation of U.S. Copyright Law and the perceived loopholes it offers those who want to attempt to expand the definition of how consumers receive broadcast television signals. In this case, the service compares itself to a digital translator service similar to what some television stations use to distribute their signals to remote low-power translator stations that act as repeaters — providing better reception of stations that have trouble reaching parts of their local market.

Over the past two decades, several companies have tried and failed to offer independent online streams of television stations without the permission of station owners.

In 1999, iCraveTV provided more than a dozen Canadian and American television stations received over the air in Toronto made available to a nationwide online audience. The over-the-air stations (and the networks they affiliated with) in Buffalo, N.Y., promptly launched legal action against the company, challenging its claim it was entitled to offer the service because it was effectively a cable operator. International copyright law claims led to a preliminary injunction against the service and the threat of costly ongoing litigation convinced the owner of iCraveTV to stop the service in return for dropping lawsuits.

In 2011, ivi.tv streamed television signals from Seattle, Los Angeles, New York, and Chicago until a judge signed an injunction forcing those stations off the paid service. Several court actions against FilmOn.com, a similar service operating around the same time, also stripped most of its TV station lineup off the service.

The highest profile attempt to avoid getting permission from TV station owners to stream their programming came in 2012 with the launch of Aereo, which sought to exploit a perceived loophole in what constituted reception of a TV station. Aereo assigned a tiny antenna for each customer to receive over the air stations, starting in the New York City area. Stations received by that antenna were delivered to subscribers over an internet video stream. The idea was that Aereo was not distributing one TV signal for multiple customers. It was merely extending the concept of an ‘antenna’ to include internet delivery of signals to those verifiably living within the New York City television market.

Broadcasters ran up large legal bills to defeat Aereo in two major court cases. In 2014, the U.S. Supreme Court ruled against Aereo, claiming it breached copyright law. The service attempted one last effort to stay up and running, asking the U.S. Copyright Office for a copyright license after the Supreme Court seemed to call the service a “cable system.” Both the Copyright Office and a district court found Aereo was not entitled to a cable compulsory license and granted broadcasters a preliminary injunction that effectively put Aereo out of business.

All of these ventures attempted similar arguments that Locast is now using to justify why it should be allowed to distribute live streams of local television stations without the consent of station owners. The courts have traditionally bowed to the broadcasters and their allied lobbyists, television networks, and pay television providers that would feel threatened if a service like Locast gave away for free what they sell to consumers.

The Sports Fan Coalition’s legal justification comes from an exception Congress made to the copyright law’s insistence that permission from a station owner was required to redistribute their signal, unless one operated a cable system.

“Any ‘non-profit organization’ could make a ‘secondary transmission’ of a local broadcast signal, provided the non-profit did not receive any ‘direct or indirect commercial advantage’ and either offered the signal for free or for a fee ‘necessary to defray the actual and reasonable costs’ of providing the service. 17 U.S.C. 111(a)(5),” the group argues. “Sports Fans Coalition NY is a non-profit organization under the laws of New York State. Locast.org does not charge viewers for the digital translator service (although we do ask for contributions) and if it does so, will only recover costs as stipulated in the copyright statute. Finally, in dozens of pages of legal analysis provided to Sports Fans Coalition, an expert in copyright law concluded that under this particular provision of the copyright statute, secondary transmission may be made online, the same way traditional broadcast translators do so over the air.”

Traditionally, ‘secondary transmission’ has meant a building or complex owner receiving a station over the air from a rooftop antenna and providing it to tenants or residents over a Master Antenna TV coaxial cable connection (or similar technology). College campuses, hospitals, and other multi-dwelling unit owners often provide similar wired reception of over the air stations as well, to assure quality reception.

Translator stations that pick up and repeat a television station on an adjacent channel to offer better reception in difficult-to-reach viewing areas typically run with the full consent, or are owned by, the television station they rebroadcast.

Locast attempts to broaden the definition of ‘secondary transmission’ to include distribution over the internet through video streaming. Although their expert in copyright law believes this is permissible, there are multiple court cases where judges have ruled against these types of services when a broadcaster objects. Locast will likely face time in a courtroom arguing for its right to exist, something the venture readily admits is likely to happen.

Erie County Executive Blasts Bad Internet Access for Harming Western N.Y. Economy

Western New York

In a recent survey of 2,000 residents living in Erie County (Buffalo), N.Y., it was clear almost nobody trusts their internet service provider, and 71% were dissatisfied with their internet service.

Seventeen years after many western New York residents heard the word “broadband” for the first time at a 2000 CNN town hall at the University of Buffalo, where then U.S. Senate candidate Hillary Rodham Clinton called for increased federal funding for high-speed internet, many upstate residents are still waiting for faster access.

The Buffalo News featured two stories about the current state of the internet in western New York and found it lacking.

Erie County Executive Mark C. Poloncarz blames internet service providers for serving up mediocre broadband, and no service at all in some parts of the county he represents.

“It’s been put in the hands of the private sector, and the private sector has, for whatever reason, elected to not expand into particular areas or not increase speeds in particular areas, putting those areas behind the eight ball,” he said.

Poloncarz effectively fingers the three dominant internet providers serving upstate New York – phone companies Verizon and Frontier and cable company Charter/Spectrum. He argues that companies will not even consider locating operations in areas lacking the most modern high-speed broadband. The digital economy is essential to help the recovery of western New York cities affected by the loss of manufacturing jobs and the ongoing departure of residents to other states.


An important part of Gov. Andrew Cuomo’s statewide broadband improvement initiative is prodding Charter Communications and its predecessor Time Warner Cable to do a better job offering faster internet speeds and more rural broadband expansion. The New York Public Service Commission, as part of its approval of Charter’s acquisition of Time Warner Cable, extracted more concessions from the cable giant than any other state. Among them is a commitment to expand the cable company’s footprint into adjacent unserved areas by 2020 to reach at least 145,000 homes and businesses now outside of Charter’s service area.

Last week, the cable company told the PSC it was ahead of schedule on its expansion commitment, now reaching 42,889 additional households and businesses, which is above its goal of 36,771. It has two years left to add at least another 102,111 buildings.

Charter also recently increased broadband speeds to 100 Mbps for 99% of its customers in New York and has committed to boosting those speeds to 300 Mbps by the end of next year.

But where Charter does not provide service, broadband problems come courtesy of western New York’s biggest phone companies – Verizon and Frontier. In Erie County, a broadband census found a lack of service in parts of South Buffalo, the far West Side and East Side of Buffalo, as well as in parts of every town in the county except in the prosperous communities of West Seneca and Orchard Park. Verizon FiOS can be found in a handful of well-to-do Buffalo suburban towns, but not in the city itself or in rural parts of the region.

Verizon spokesman Chris McCann said the company had no further plans to expand FiOS service in upstate New York, and stopped announcing additional expansions in 2010. In the rest of its service area, Verizon supplies DSL service as an afterthought, and has made no significant investments to improve or expand service. Frontier Communications, which is the dominant phone company in the greater Rochester region, also provides service in some other rural western New York communities, but its DSL service rarely meets the FCC’s minimum speed definition to qualify as  broadband.

Rep. Collins

Both phone companies have no plans for significant fiber optic upgrades that would boost internet speeds. There is little pressure on either company to begin costly upgrades. In rural communities, both companies lack cable competition and in more urban areas, both have written off their ongoing customer losses to their cable competitor. That leaves towns like North Collins in a real dilemma. Poloncarz told the newspaper residents frequently park in the town library parking lot at night to connect to the library’s Wi-Fi service, because they lack internet service at home.

A political divide has opened up between area Democrats and Republican officials on how to solve the rural broadband problem. Democrats like Poloncarz are exploring solving the rural internet problem with a county-owned fiber network that would be open to all private ISPs to assist them in expanding service. He is joined by Erie County legislator Patrick Burke, who thinks it is time to spend the estimated $16.3 million it will take to build an “open access network” across Erie County.

“There are literally geographic dead zones, and it’s unnecessary,” said Burke, a Buffalo Democrat. “There’s no excuse.”

Poloncarz is more cautious and told the newspaper he will only propose the idea if he is convinced it will solve the problem, but is willing to continue studying it.

Republicans from the western New York congressional delegation believe deregulation and other incentives may give private companies enough reasons to begin upgrades and expansion.

Rep. Chris Collins, a Clarence-area congressman with close ties to the Trump White House, defended FCC Chairman Ajit Pai’s recent decision to eliminate net neutrality. Pai was born in Buffalo.

Collins argues net neutrality only raised the cost of business for ISPs, and being rid of it would inspire cable and phone companies to boost investment in 105 exurban and rural towns in his district, which covers eight counties and extends from the Buffalo suburbs east to Canandaigua, 80 miles away. More than 65% of those areas are under-served because DSL is often the only choice, and at least 3.3% had no internet options at all.

Rep. Tom Reed (R-Corning) has just as many internet dead zones in his district, if not more. Reed represents the Southern Tier region of western New York in a district that runs along the Pennsylvania border from the westernmost part of New York east nearly to Binghamton. Much of recent broadband development in this part of New York comes as a result of Gov. Cuomo’s state-funded broadband expansion initiative, not private investment.

Reed has a record in Congress that is better at explaining the rural broadband dilemma than solving it.

“In a rural district, there are areas that are just physically difficult to serve,” Reed shrugged.

Collins’ hope that the banishment of net neutrality will inspire Frontier, Verizon, and Charter to use their own money to expand into the frontiers of western New York seems unlikely. Gov. Cuomo’s plan, which uses public funds to help subsidize mostly private companies to expand into areas where Return On Investment fails to meet their metrics has had more success.

But the rural broadband debate has been accompanied by a fierce pushback among upstate New Yorkers against the Republican-controlled FCC and elected officials like Collins who support the recent gutting of net neutrality. A backlash has developed in his district, and some have accused Collins of aiding and abetting a corporate takeover of the internet.

“The hysteria and narrative that this will kill the internet is blatantly false,” responded Collins. “Internet service providers have said they do not increase speeds for certain websites over others, and I have signed onto legislation that would make such a practice illegal.”

FCC Repeals Net Neutrality 3-2 in Party Line Vote


WASHINGTON (Reuters) – The U.S. Federal Communications Commission voted along party lines on Thursday to repeal landmark 2015 rules aimed at ensuring a free and open internet, setting up a court fight over a move that could recast the digital landscape.

The approval of FCC Chairman Ajit Pai’s proposal marked a victory for internet service providers like AT&T Inc, Comcast Corp and Verizon Communications Inc and hands them power over what content consumers can access.

Democrats, Hollywood and companies like Google parent Alphabet Inc and Facebook Inc had urged Pai, a Republican appointed by U.S. President Donald Trump, to keep the Obama-era rules barring service providers from blocking, slowing access to or charging more for certain content.

Consumer advocates and trade groups representing content providers have planned a legal challenge aimed at preserving those rules.

The meeting was evacuated before the vote for about 10 minutes due to an unspecified security threat, and resumed after law enforcement with sniffer dogs checked the room.

New York Attorney General Eric Schneiderman, a Democrat, said in a statement he will lead a multi-state lawsuit to challenge the reversal. He called the vote “a blow to New York consumers, and to everyone who cares about a free and open internet.”

FCC Commissioner Mignon Clyburn, a Democrat, said in the run-up to the vote that Republicans were “handing the keys to the Internet” to a “handful of multi-billion dollar corporations.”

Shares of Alphabet, Apple Inc and Microsoft Corp moved lower after the vote.


Pai has argued that the 2015 rules were heavy handed and stifled competition and innovation among service providers.

“The internet wasn’t broken in 2015. We weren’t living in a digital dystopia. To the contrary, the internet is perhaps the one thing in American society we can all agree has been a stunning success,” he said on Thursday.

The FCC voted 3-2 to repeal the rules.


Consumers are unlikely to see immediate changes resulting from the rule change, but smaller startups worry the lack of restrictions could drive up costs or lead to their content being blocked.

Internet service providers say they will not block or throttle legal content but that they may engage in paid prioritization. They say consumers will see no change and argue that the largely unregulated internet functioned well in the two decades before the 2015 order.

Democrats have pointed to polls showing a repeal is deeply unpopular and say they will prevail in protecting the rules, either in the courts or in U.S. Congress.

FCC Commissioner Jessica Rosenworcel, a Democrat, said in a written dissent released on Thursday that the decision grants internet providers “extraordinary new power” from the FCC.

“They have the technical ability and business incentive to discriminate and manipulate your internet traffic. And now this agency gives them the legal green light to go ahead,” she said.

Several state attorneys general said before the vote they would work to oppose the ruling, citing problems with comments made to the FCC during the public comment period. Other critics have said they will consider challenging what they consider to be weaker enforcement.

Net neutrality supporters had rallied in front of the FCC building in Washington before the vote.

The 2015 rules were intended to give consumers equal access to web content and prevent broadband providers from favoring their own content. Pai proposes allowing those practices as long as they are disclosed.

Michael Powell, a former FCC chairman who heads a trade group representing major cable companies and broadcasters, told reporters earlier this week that internet providers would not block content because it would not make economic sense.

“They make a lot of money on an open internet,” Powell said, adding it is “much more profitable” than a closed system. “This is not a pledge of good-heartedness, it’s a pledge in the shareholders’ interest.”

The chief executive of USTelecom, a lobbying group that represents internet providers and the broadband industry, said in a statement the industry has “renewed confidence to make the investments required to strengthen the nation’s networks and close the digital divide, especially in rural communities.”

A University of Maryland poll released this week found that more than 80 percent of respondents opposed a repeal. The survey of 1,077 registered voters was conducted online by the Program for Public Consultation at the University of Maryland from Dec. 6-8.

Reporting by David Shepardson; Writing by Chris Sanders; Editing by Jonathan Oatis and Meredith Mazzilli

Charter Spectrum Hurrying Out 100 Mbps Speed Upgrades Before Year’s End

Updated 12/15: The speed upgrades for several regions including upstate New York have now launched. You may need to reset your modem to get the new speeds. You should see at least 100/10 Mbps. If that does not work, call or chat with Spectrum and have them reauthorize your modem. If you are on a legacy Bright House or Time Warner Cable plan, you will not get these upgrades until you change to a Spectrum plan. We will have a report up on the home page shortly about additional gigabit speed upgrades likely to launch next week later tonight. — PMD

“By the end of the year, Charter’s flagship speed will be an industry leading 100 megabits per second (Mbps) in virtually every market we serve. In the last year, we increased that speed 66% – from 60 Mbps to an even faster 100 Mbps – at no extra cost to our customers. Additionally, in a growing number of markets, we have begun upgrading that flagship speed to 200 Mbps.” — Charter Communications blog post for Nov. 30, 2017

Charter Communications is hurrying out 100 Mbps speed upgrades to “virtually all” its markets, whether customers were originally serviced by Charter or were acquired from Bright House Networks or Time Warner Cable.

The company has been on a publicity drive to suggest its merger/buyout of BH and TWC was consumer-friendly. Charter also wants to reassure shareholders concerned about the ongoing trend of cord-cutting and customer backlash over rising internet prices that the value of Spectrum’s faster internet service has improved.

Unfortunately, its publicity campaign also flies in the face of an industry push to convince Americans the Obama Administration’s Net Neutrality policies have neutered investments in broadband upgrades, which is exactly what did not happen with the second largest cable company in the country.

“Since 2014, Charter has invested more than $21 billion in [upgrades] including video delivery, more efficient bandwidth management and advanced compression technologies,” Charter wrote. “This investment has enabled us to improve the quality of our video while reducing the bandwidth needed for its delivery. The bandwidth that is made available can then be dedicated to significantly increasing our broadband speeds.”

Several legacy Time Warner Cable markets, particularly in upstate New York, New England, and some markets in the deep south and Rockies are still waiting for the digital television conversion that will free up bandwidth for internet speed upgrades. Albany, N.Y. is nearly complete and Rochester, N.Y. is next on the list.

Sources suggest Charter may find a way to boost speeds in almost all of its markets, regardless of whether digital TV conversions are complete. That would mean communities in these areas would see standard internet speeds rise from 60 Mbps to 100 Mbps at no extra charge. Those who agreed to pay Charter’s $199 upgrade fee for “Ultra” 100 Mbps service would see their speeds rise to as high as 300 Mbps.

A quick check showed no speed changes in the Rochester market as of this afternoon, but that could change before Christmas. Customers can check if they received an upgrade by briefly unplugging their cable modem and resetting it. A speed test will verify whether your areas has received an upgrade. Customers still holding onto a legacy Bright House or Time Warner Cable plan will see no speed changes. This is part of Charter’s effort to convince customers to abandon older plans and switch to Spectrum plans and pricing.

If speed upgrades are not in place by the end of 2017, they will be coming for the remaining Time Warner Cable markets in early 2018.

Meanwhile on Oahu, in Hawaii, Spectrum internet customers are welcoming gigabit internet (introductory price $104.99/mo). Those who don’t want to pay that much also received a free speed upgrade. What was 60 Mbps in the summer increased to 100 Mbps in the fall and as of Dec. 1 is now 200 Mbps. Similar speed increases will be coming to the cities that get gigabit upgrades from Charter. We anticipate all of those cities designated for gigabit service from Spectrum already have substantial competition from gigabit speed fiber to the home service from AT&T or Verizon.

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