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Spring 2016: An Update and Progress Report for Our Members

stcDear Members,

We have had a very busy winter and spring here at Stop the Cap! and we thought it important to update you on our efforts.

You may have noticed a drop in new content online over the last few months, and we’ve had some inquiries about it. The primary reason for this is the additional time and energy being spent to directly connect with legislators and regulators about the issues we are concerned about. Someone recently asked me why we spend a lot of time and energy writing exposés to an audience that almost certainly already agrees with us. If supporters were the only readers here, they would have a point. Stop the Cap! is followed regularly by legislators, regulators, public policy lobbyists, consumer groups, telecom executives, and members of the media. Our content is regularly cited in books, articles, regulatory filings, and in media reports. That is why we spend a lot of time and energy documenting our positions about data caps, usage billing, Net Neutrality, and the state of broadband in the United States and Canada.

A lengthy piece appearing here can easily take more than eight hours (sometimes longer) to put together from research to final publication. We feel it is critical to make sure this information gets into the hands of those that can help make a difference, whether they visit us on the web or not. So we have made an extra effort to inform, educate, and persuade decision-makers and reporters towards our point of view, helping to counter the well-funded propaganda campaigns of Big Telecom companies that regularly distort the issues and defend the indefensible.

Four issues have gotten most of our attention over the last six months:

  1. The Charter/Time Warner Cable/Bright House merger;
  2. Data cap traps and trials (especially those from Comcast, Blue Ridge, Cox, and Suddenlink);
  3. Cablevision/Altice merger;
  4. Frontier’s acquisition of Verizon landlines and that phone company’s upgrade plans for existing customers.

We’ve been successful raising important issues about the scarcity of benefits from telecom company mergers. In short, there are none of significance, unless you happen to be a Wall Street banker, a shareholder, or a company executive. The last thing an already-concentrated marketplace needs is more telecom mergers. We’re also continuing to expose just how nonsensical data caps and usage-based billing is for 21st century broadband providers. Despite claims of “fairness,” data caps are nothing more than cable-TV protectionism and the further exploitation of a broadband duopoly that makes it easy for Wall Street analysts to argue “there is room for broadband rate hikes” in North America. Stop the Cap! will continue to coordinate with other consumer groups to fight this issue, and we’ve successfully convinced at least some at the FCC that the excuses offered for data caps don’t hold water.

Dampier

Dampier

FCC chairman Tom Wheeler’s broadening of Charter’s voluntary three-year moratorium on data caps to a compulsory term as long as seven years sent a clear message to broadband providers that the jig is up — data caps are a direct threat to the emerging online video marketplace that might finally deliver serious competition to the current bloated and overpriced cable television package.

Wheeler’s actions were directly responsible for Comcast’s sudden generosity in more than tripling the usage allowance it has imposed on several markets across the south and midwest. But we won’t be happy until those compulsory data caps are gone for good.

More than 10,000 Comcast customers have already told the FCC in customer complaints that Comcast’s data caps are egregious and unfair. Considering how unresponsive Comcast has been towards its own customers that despise data caps of any kind, Comcast obviously doesn’t care what their customers think. But they care very much about what the FCC thinks about regulatory issues like data caps and set-top box monopolies. How do we know this? Because Comcast’s chief financial officer this week told the audience attending the JPMorgan Technology, Media and Telecom Broker Conference Comcast always pays attention to regulator headwinds.

“I think it’s our job to make sure we pivot and react accordingly and make sure the company thrives whatever the outcome is on some of the regulatory proposals that are out there,” said Comcast’s Mike Cavanagh. We suspect if Chairman Wheeler goes just one step further and calls on ISPs to permanently ditch data caps and usage billing, many would. We will continue to press him to do exactly that.

Stop the Cap! supports municipal and community-owned broadband providers.

Stop the Cap! supports municipal and community-owned broadband providers.

Other companies are also still making bad decisions for their customers. Besides Comcast’s ongoing abusive data cap experiment, Cox’s ongoing data cap trial in Cleveland, Ohio is completely unacceptable and has no justification. The usage allowances provided are also unacceptably stingy. Suddenlink, now owned by Altice, should not even attempt to alienate their customers, particularly as the cable conglomerate seeks new acquisition opportunities in the United States in the future. We find it telling that Altice feels justified retaining usage caps on customers in smaller communities served by Suddenlink while denying they would even think of doing the same in Cablevision territory in suburban New York City. Both Suddenlink and Cablevision have upgraded their networks to deliver faster speed service. What is Altice’s excuse about why it treats its urban and rural customers so differently? It frankly doesn’t have one. We’ll be working to convince Altice it is time for Suddenlink’s data caps to be retired for good.

We will also be turning more attention back on the issue of community broadband, which continues to be the only competitive alternative to the phone and cable companies most Americans will likely ever see. The dollar-a-holler lobbyists are still writing editorials and articles claiming “government-owned networks” are risky and/or a failure, without bothering to disclose the authors have a direct financial relationship to the phone and cable companies that don’t want the competition. We will be pressing state lawmakers to ditch municipal broadband bans and not to enact any new ones.

We will also continue to watch AT&T and Verizon — two large phone companies that continue to seek opportunities to neglect or ditch their wired services either by decommissioning rural landlines or selling parts of their service areas to companies like Frontier. AT&T specializes in bait-n-switch bills in state legislatures that promise “upgrades” in return for further deregulation and permission to switch off rural service in favor of wireless alternatives. That’s great for AT&T, but a potential life-threatening disaster for rural America.

We continue to abide by our mandate: fighting data caps and consumption billing and promoting better broadband, regardless of what company or community supplies it.

As always, thank you so much for your financial support (the donate button that sustains us entirely is to your right) and for your engagement in the fight against unfair broadband pricing and policies. Broadband is not just a nice thing to have. It is an essential utility just as important as clean water, electricity, natural gas, and telephone service.

Phillip M. Dampier
Founder & President, Stop the Cap!

Fed Up With Frontier in California? Tell State Legislature to Act

assembly caIf you are a Frontier Communications customer in California that experienced bad service as a result of the transition from Verizon to Frontier, it is time to complain to the California State Assembly.

Stop the Cap! reader Sergio reminds us the Assembly Committee on Utilities and Commerce will be meeting at 1:30 pm in Sacramento on Wednesday, May 18. They are open to hearing your complaints and problems regarding Frontier’s performance in the state. If you had problems or are still experiencing them, having an Assembly member intervene can be very effective in getting your service problems fixed, and deliver a message that Frontier’s rosy pronouncements on the transition are fact-challenged. But you need to act now, before the meeting on Wednesday.

By email: [email protected]

By phone: (916) 319-2083

You can also contact one or more Assembly members on the committee directly at these numbers:

  • Mike Gatto (Chair) (916) 319-2043
  • Jim Patterson (Vice Chair) (916) 319-2023
  • Autumn R. Burke (916) 319-2062
  • Rocky J. Chávez (916) 319-2076
  • Brian Dahle (916) 319-2001
  • Susan Talamantes Eggman (916) 319-2013
  • Cristina Garcia (916) 319-2058
  • Eduardo Garcia (916) 319-2056
  • David Hadley (916) 319-2066
  • Roger Hernández (916) 319-2048
  • Jay Obernolte (916) 319-2033
  • Bill Quirk (916) 319-2020
  • Miguel Santiago (916) 319-2053
  • Philip Y. Ting (916) 319-2019
  • Das Williams (916) 319-2037

 

After Waiting Forever, Boston is Finally Getting Verizon FiOS

verizon bostonThe long wait for fiber optic broadband in the city of Boston is finally over.

In a surprise announcement with Boston Mayor Martin J. Walsh and Verizon officials, Verizon announced it will commit to at least $300 million in investments over the next six years to bring fiber to the home service to residents of the metro area.

Construction of the fiber-optic network will be completed on a neighborhood-by-neighborhood basis according to customer demand. Initially, the project will begin in Dorchester, West Roxbury and the Dudley Square neighborhood of Roxbury in 2016, followed by Hyde Park, Mattapan, and other areas of Roxbury and Jamaica Plain. The city has also agreed to provide an expedited permitting process to encourage the project.

“Boston is moving faster than our current infrastructure can support, and a modern fiber-optic communications platform will make us a next-level city,” Walsh said in a statement.

“This transformation isn’t just about advanced new fiber-optic technology — it’s about the innovative services this platform will allow people to create and use, today and in the future,” Verizon Wireline Network president Bob Mudge said in a statement.

Bringing FiOS inside the city of Boston will challenge the de facto monopoly Comcast had held for years. The only alternative most residents have is Verizon DSL.

The dramatic turnaround came six months after Verizon adamantly told the Boston City Council Verizon FiOS expansion was dead. Verizon announced it would stop FiOS expansion in 2010 to concentrate on its existing FiOS commitments and better marketing the service to attract more customers.

The sudden end to FiOS expansion six years ago caught many cities by surprise. As a result, in several areas, the fiber service is only available in select suburbs and not city centers.

Verizon’s unions have also pushed for further FiOS expansion, but today’s announcement is expected to have no impact on plans by the Communications Workers of America and the International Brotherhood of Electrical Workers to strike Verizon starting early Wednesday morning.

The partnership also covers Verizon Wireless and its plans to attach wireless equipment to city street lights and utility poles without a lengthy permitting process.

Verizon was also likely offered a much easier time securing a license to offer cable television service, a stumbling block Verizon has experienced in several large cities.

Echoing Google Fiber, Verizon will try to win itself some free marketing and buzz by giving residents a chance to compete to see what neighborhoods get FiOS first. A free online registration process will be used to assess demand and help Verizon prioritize its fiber-optic network construction schedule.

Verizon will also support digital initiatives for the income-challenged, including a $100,000 Digital Equity contribution to the city, offered to support a mobile hotspot lending program at the Boston Public Library enabling Internet access to families on an as-needed basis.

Boston neighborhoods marked "A" will be upgraded to FiOS first, followed by "B" and so on. The upgrade effort is expected to take at least six years.

Boston neighborhoods marked “A” will be upgraded to FiOS first, followed by “B” and so on. The upgrade effort is expected to take at least six years.

Verizon Workers Set to Strike Company Starting Wednesday

Phillip Dampier April 11, 2016 Consumer News, Verizon, Video 1 Comment

verizon strikeAfter ten months of informational picketing and on-the-job protests for a new contract agreement, nearly 40,000 Verizon workers from Massachusetts to Virginia will go on strike starting at 6:00am Wednesday, April 13 if a settlement cannot be reached.

The Communications Workers of America (CWA) and the International Brotherhood of Electrical Workers (IBEW) argue Verizon has dropped the ball on customers and employees, refusing to negotiate in good faith and not investing in better broadband and phone service for millions of its customers.

The two unions are among the strongest proponents of forcing Verizon to further expand its FiOS fiber-to-the-home service, which has been effectively on hold for several years as the company pours resources into its vastly more profitable wireless division – Verizon Wireless.

In addition to refusing further upgrades, unions accuse Verizon of gutting job protection, outsourcing an increasing amount of work, freezing pensions, closing call centers, and offshoring jobs to Mexico and the Philippines. While customers endure months-long phone outages and poor DSL broadband service Verizon has only grudgingly improved, the company made $39 billion in profits over the last three years, and $1.8 billion in profits over the first three months of this year. But it won’t spend the money on expanding FiOS or its workers.

Trainor

Trainor

“The company’s greed is disgusting. [CEO] Lowell McAdam made $18 million last year—more than 200 times the compensation of the average Verizon employee,” the CWA said in a statement. “Verizon’s top five executives made $233 million over the last five years. Last year alone, Verizon paid out $13.5 billion in dividends and stock buybacks to shareholders. But they claim they can’t afford a fair contract.”

The union says Verizon’s priorities are all wrong.

“It’s not just workers who are getting screwed,” the CWA wrote. “Verizon has $35 billion to invest in the failing internet company, Yahoo, but refuses to maintain its copper network, let alone build FiOS in underserved communities across the region. And even where it’s legally committed to building FiOS out for every customer, Verizon refuses to hire enough workers to get the job done right or on time.”

“We’re standing up for working families and standing up to Verizon’s corporate greed,” said CWA District 1 vice president Dennis Trainor. “If a hugely profitable corporation like Verizon can destroy the good family supporting jobs of highly skilled workers, then no worker in America will be safe from this corporate race to the bottom.”

Members of CWA District 1/Local 13500.

Members of CWA District 1/Local 13500.

Democratic presidential candidate Bernie Sanders has been a close ally of the CWA and has supported the union’s fight with Verizon. The CWA has returned the favor, encouraging the Vermont senator to stay in the race against Hillary Clinton.

Verizon workers complain they are being treated like servants by the company.

“Verizon is already turning people’s lives upside down by sending us hundreds of miles from home for weeks at a time, and now they want to make it even worse,” said Dan Hylton, a technician and CWA member in Roanoke, Va., who’s been with Verizon for 20 years. “Technicians on our team have always been happy to volunteer after natural disasters when our customers needed help, but if I was forced away from home for two months, I have no idea what my wife would do. She had back surgery last year, and she needs my help. I just want to do a good job, be there for my family, and have a decent life.”

A strike could have a significant effect on service calls and maintenance of Verizon’s infrastructure, particularly its deteriorating copper wire network still in service across much of its territory outside of the largest cities in the northeast and mid-Atlantic region. Particularly vulnerable areas include upstate New York, Maryland, suburban and rural Pennsylvania, southern New Jersey and western Virginia.

Verizon recently completed a sale of its landline service areas in Florida, California, and Texas to Frontier Communications, and these three states will not be affected by a walkout.

http://www.phillipdampier.com/video/CWA Verizon Poster Child for Corporate Greed 4-2016.mp4

The CWA released this ad depicting the income disparity between average Verizon workers and its CEO. (30 seconds)

Big Headaches for Frontier Takeover of Verizon Landlines/DSL/FiOS in Texas, Florida, and California

As of late Monday afternoon, Downdetector.com still shows widespread outages for Frontier customers in North Texas, western Florida and parts of California.

As of late Monday afternoon, Downdetector.com still shows widespread outages for Frontier customers in North Texas, western Florida and parts of California.

Despite promises this past weekend’s transition from Verizon Communications to Frontier Communications would result in little more than “a logo change,” countless customers in the affected states of Florida, Texas, and California reported long service outages, website problems, and long holds waiting to talk to customer service representatives about when service would be back.

The outages were most widespread on Friday morning, April 1, when many subscribers awoke to discover they no longer had phone, television, or broadband service. A blitz on social media directed at Frontier quickly followed on Facebook and Twitter, many summing up their first experience with Frontier to be like “dealing with a third-rate phone company.”

Louise Thompson called the transition “a total fiasco” and some businesses lost thousands of dollars on Friday alone. The “Happy Grasshopper” was one of them, after losing Internet and phone service.

“We have 20 employees who can’t get any work done here today,” said owner Dan Stewart.

Gerard Donelan, a real estate appraiser who works from home in South Tampa, was still without service Friday afternoon. “I talked to customer service about 10:30. … He told me service was down in the Tampa Bay area, and he didn’t know when it was coming back, and there was nothing he could do,” Donelan told the Tampa Tribune. “What a joke. These guys were telling us just yesterday how seamless this was going to be. My next phone call is to Bright House.”

welcome frontierThe popular Zudar’s sandwich shop downtown was still unable to swipe credit cards or take phone or Internet orders at mid-afternoon. “It’s having a terrible effect on business,” said owner Eric Weinstein. “It’s absolutely an epic failure on their part. An amazing lack of customer service and communication.”

frontier texasThe City of Plano (Tex.) lost its website in the transition. Frontier shared its failure with AT&T mobile customers in parts of Florida, who found cell service not working because Frontier also took control of fiber links connecting many of AT&T’s cell towers to AT&T’s network. Many of those were down too.

“During the early morning of April 1, 2016, a technical issue occurred during the integration of the systems Frontier acquired from Verizon that impacted service to some enterprise and carrier customers in Florida, Texas and California.  As of 9:30 am eastern, the issue was resolved,” the company’s statement said.  “In addition, an unrelated fiber cut occurred that impacted customers in the Tampa market.”

Across all three states, Frontier officials hurried to downplay the impact of the service outages, which are continuing to this day for some customers. In some statements, Frontier claimed only about 500 business customers lost service, and there were no widespread problems. But many of the 3.7 million customers in Texas, Florida and California enduring the transition say those outages and problems affect residential accounts.

“There is ‘absolutely nothing widespread going on?'” asked Eric Petty, an adjunct professor at St. Petersburg College. “What a bunch of liars. How stupid do they think their customers are?”

One of the biggest problems customers are encountering is the procedure to transition their online access from Verizon to Frontier. To begin that process, customers need a new Frontier ID, but that is easier said than done if you lack landline service. As part of the registration process, customers need to enter the account PIN number usually displayed on landline bills, but often missing from broadband-only service bills.

frontier floridaLee Allen of Dallas was one of many frustrated customers. He spent an hour trying to manage the Frontier MyAccount registration process and when he tried to sync his Verizon and Frontier account together, it was a flop.

Two calls to Frontier customer service and still no joy reports the Dallas Morning News.

“I’m in limbo,” he said Friday afternoon.”I’m self-employed and work from home. They are supposed to be a technology company. They should have been ready.”

Frontier says they are aware of this problem and are working on a solution.

In Los Gatos, Calif., it was an Internet-free weekend for most of the city’s former Verizon Internet customers, who also lost service on Friday. As of Sunday morning, they still didn’t have service, according to the San Jose Mercury News:

Los Gatos customers were assured the transition on April 1 would be smooth with no interruption to service. But that hasn’t been the case, said Beau Graeber, Fenesy’s neighbor who’s helping him contact the company and reconfigure his Internet.

“It’s a little frustrating,” Graeber said, adding that Verizon — now Frontier — is the only option for Internet and telephone service in Los Gatos, outside of cable or satellite providers. “For Ralph and some of my other neighbors, it’s a terrible inconvenience.”

frontier californiaConcerned customers with bills due this week are finding they don’t have enough access on Frontier’s website to arrange payment of their bill. Frontier says not to worry – “Until this process is completed on April 8th, you will only have very limited account access, even with a Frontier ID,” Frontier reports. “You can still use your Frontier ID to download the Frontier TV App, HBO GO, Watch ESPN, Disney and other popular entertainment Apps. If your bill is due during this period, rest assured that all late fees will be waived.”

Beyond total service outages and interruptions, other customers are reporting various problems with Frontier’s version of FiOS TV:

  • Frontier began migrating their 100,000 title On Demand library to FiOS on April 2. The process was supposed to be complete Saturday afternoon, but some customers are still having problems. Frontier: “We understand how important Video on Demand is to our customers. We apologize for the inconvenience and are working diligently to ensure the content is available as soon as possible. If you get a message that the service is ‘temporarily unavailable,’ you should reboot your set-top box to refresh the VOD service. To reboot, unplug your set-top box, wait at least 10 seconds, and then plug it back in. Please note, a reboot can take up to 3 minutes as the system refreshes your settings. If you continue to experience any issues accessing VOD, please call our Tech Support team at 1-877-600-1511.”
  • The Nickelodeon Jr. FiOS TV Widget/App was retired by Nickelodeon on March 31 prior to the transition to Frontier. It is, therefore, not available. Customers can still watch Nick Jr. on their home television. Customers can also access Nick Jr.’s programming via the web, at www.nickjr.com, or through Nickelodeon’s mobile apps for iOS and Android.
  • When searching for a Video on Demand title with the FiOS TV remote, customers may notice due to the transition from Verizon to Frontier, many of the movies and TV shows are not appearing in either “New Releases” or “Collections”. However, they can be found by scrolling down to “By Title” and then selecting “All” in order to find your choice. You can also search for your VOD by selecting the “B” button on your FiOS TV remote.

frontier new logoFrontier promised regulators things would go better for new Frontier customers after the company botched a similar transfer of AT&T customers in Connecticut that went so poorly, the company had to offer $50 service credits to affected customers.

“We have lessons to learn,” Frontier spokeswoman Kathleen Abernathy told Connecticut regulators at the time.

“They didn’t learn a thing,” said Stan Rogers, a transitioned Frontier customer outside of Allen, Tex. “I was there for the Connecticut switchover two months before I moved down here and now I get to experience the same thing all over again. To give you an idea of where Frontier is on the technology curve, they have sent me information about how to transition my Verizon e-mail address to AOL. Hello!”

North Texas resident Larry Allen agrees, “I didn’t think anything could drive me back to Comcast, but Frontier may do it. TV issues, email issues, Frontier can’t process my information to set up an account, horrible/outdated selection of movies on demand, [and] Frontier [is] not responding to emails for assistance.”

http://www.phillipdampier.com/video/WTSP Tampa Frontier transition not as smooth as promised 4-1-16.mp4

WTSP in Tampa reports Florida area customers didn’t get the easy transition from Verizon to Frontier they were promised. (2:22)

http://www.phillipdampier.com/video/KTVT Dallas Frontier service problems persist for some 4-3-16.mp4

KTVT in Dallas reports Frontier service outages created headaches for customers across North Texas. (2:08)

Verizon Takes N.Y. Landline Customers to the Cleaners: Finds $1,500

Phillip Dampier March 28, 2016 Consumer News, Public Policy & Gov't, Verizon, Video No Comments

ShakedownVerizon’s loyal landline customers are subsidizing corporate expenses and lavish spending on Verizon Wireless, the company’s eponymous mobile service, while their home phone service is going to pot.

Bruce Kushnick from New Networks Institute knows Verizon’s tricks of the trade. He reads tariff filings and arcane Securities & Exchange Commission corporate disclosures for fun. He’s been building a strong case that Verizon has used the revenue it earns from regulated landline telephone service to help finance Verizon’s FiOS fiber network and the company’s highly profitable wireless service.

Kushnick tells the New York Post at least two million New Yorkers with (P)lain (O)ld (T)elephone (S)ervice were overcharged $1,000-$1,500 while Verizon allowed its copper wire network to fall into disrepair. Kushnick figures Verizon owes billions of dollars that should have been spent on its POTS network that provides dial tones to seniors and low-income customers that cannot afford smartphones and laptops.

Verizon’s copper network should have been paid off years ago, argues Kushnick, resulting in dramatically less expensive phone service. What wasn’t paid off has been “written off” by Verizon for some time, Kushnick claims, and Verizon customers should only be paying $10-20 a month for basic phone service. But they pay far more than that.

To ensure a proper rate of return, New York State’s Public Service Commission sets Verizon’s basic service charge of regulated phone service downstate at $23 a month. Deregulation has allowed Verizon to charge whatever it likes for everything else, starting with passing along taxes and other various fees that raise the bill to over $30. Customers with calling plans to minimize long distance charges routinely pay over $60 a month.

Unregulated calling features like call waiting, call forwarding, and three-way calling don’t come cheap either, especially if customers choose them a-la-carte. A two-service package of call waiting and call forwarding costs Verizon 2-3¢ per month, but you pay $7.95. Other add-on fees apply for dubious services like “home wiring maintenance” which protects you if the phone lines installed in your home during the Eisenhower Administration happen to suddenly fail (unlikely).

verizonIn contrast, Time Warner Cable has sold its customers phone service with unlimited local and long distance calling (including free calls to the European Community, Canada, and Mexico) with a bundle of multiple phone features for just $10 a month. That, and the ubiquitous cell phone, may explain why about 11 million New Yorkers disconnected landline service between 2000-2016. There are about two million remaining customers across the state.

New York officials are investigating whether Verizon has allowed its landline network to deteriorate along the way. Anecdotal news reports suggests it might be the case. One apartment building in Harlem lost phone and DSL service for seven months. Another outage put senior citizens at risk in Queens for weeks.

“They don’t care if we live or die,” one tenant of a senior living center told WABC-TV.

Verizon claims Kushnick’s claims are ridiculous.

“There is absolutely no factual basis for his allegations,” the company said.

http://www.phillipdampier.com/video/WABC New York Seniors vent against Verizon after phone service outage 3-9-16.flv

WABC’s “7 On Your Side” consumer reporter Nina Pineda had to intervene to get Verizon to repair phone service for a senior living center that lasted more than a month. (2:50)

Frontier’s Showboating of Verizon Deal in Fla., Calif., and Tex. Called Out by Citi

Phillip Dampier March 9, 2016 Competition, Consumer News, Frontier, Rural Broadband 3 Comments

frontier new logoFrontier Communications stock took a beating this afternoon after Citi analyst Michael Rollins downgraded the company’s stock from Neutral to Sell after announcing he didn’t believe Frontier’s rosy promises of synergy savings from its acquisition of Verizon’s wired networks in Florida, Texas, and California.

Rollins believes Frontier’s legacy copper networks, long overdue for significant upgrades, will continue to pose a greater-than-expected drag on Frontier’s financial performance, substantially reducing any benefits of its latest acquisition deal with Verizon. Frontier executives previously admitted they have less than a 25% market share in many of their service areas, evidence customers are dumping Frontier landlines and DSL broadband and never looking back.

citiFrontier was depending on the Verizon acquisition, scheduled to close March 31, to help stabilize its revenues and OIBDA numbers. That isn’t likely, according to Rollins, because Frontier customer revenue is down in all-copper service areas. Frontier’s revenues from its legacy service areas dropped more than 4 percent in 2015.

The news is slightly better in areas where Verizon has acquired fiber to the neighborhood (Connecticut) and fiber to the home (Pacific Northwest, Indiana) networks from AT&T and Verizon. Frontier FiOS has helped keep the company’s revenue stable to modestly down, but there are no clear signs Frontier plans to build its own fiber networks in its legacy service areas, outside of an experimental network in North Carolina.

As a result, Rollins is convinced the “synergy realization” numbers need to be run again. He predicts they will turn out much lower than anticipated. Experience with Frontier’s earlier acquisitions from AT&T and Verizon demonstrated lower than anticipated synergies.

FairPoint’s ‘Moosepoop’: Abdicating Its Responsibilities One Customer at a Time

Phillip Dampier: One customer calls FairPoint's deregulation logic "moosepoop."

Phillip Dampier: One customer calls FairPoint’s deregulation logic “moosepoop.”

In 2007, Verizon Communications announced it was selling its landline telephone network in Northern New England to FairPoint Communications, a North Carolina-based independent telephone company. Now, nearly a decade (and one bankruptcy) later, FairPoint wants to back out of its commitments.

In 2015, FairPoint stepped up its push for deregulation, writing its own draft legislative bills that would gradually end its obligation to serve as a “carrier of last resort,” which guarantees phone service to any customer that wants it.

The company’s lobbyists produced the self-written LD 1302, introduced last year in Maine with the ironic name: “An Act To Increase Competition and Ensure a Robust Information and Telecommunications Market.” The bill is a gift to FairPoint, allowing it to abdicate responsibilities telephone companies have adhered to for over 100 years:

  • The bill removes the requirement that FairPoint maintain uninterrupted voice service during a power failure, either through battery backup or electric current;
  • Guarantees FairPoint not be required to offer provider of last resort service without its express consent, eliminating Universal Service requirements;
  • Eliminates a requirement FairPoint offer service in any area where another provider also claims coverage of at least 94% of households;
  • Eventually forbids the Public Utilities Commission from requiring contributions to the state Universal Service Fund and forbids the PUC from spending that money to subsidize rural telephone rates.

opinionSuch legislation strips consumers of any assumption they can get affordable, high quality landline service and would allow FairPoint to mothball significant segments of its network (and the customers that depend on it), telling the disconnected to use a cell phone provider instead.

FairPoint claims this is necessary to establish a more level playing ground to compete with other telecom service providers that do not have legacy obligations to fulfill. But that attitude represents “race to the bottom” thinking from a company that fully understood the implications of buying Verizon’s landline networks in a region where some customers were already dropping basic service in favor of their cell phones.

FairPoint apparently still saw value spending $2.4 billion on a network it now seems ready to partly abandon or dismantle. We suspect the “value” FairPoint saw was a comfortable duopoly in urban areas, a monopoly in most rural ones. When it botched the conversion from Verizon to itself, customers fled to the competition, dimming its prospects. The company soon declared bankruptcy reorganization, emerged from it, and is now seeking a legislative/regulatory bailout too. Regulators should say no.

fairpointLast week, even FairPoint’s CEO Paul Sunu appeared to undercut his company’s own arguments for the need of such legislation, just as the company renewed its efforts in Portland to get a new 2016 version of the deregulation bill through the Maine legislature.

“We’ve operated in and we have experience operating basically in duopolies for a long time,” Sunu told investors in last week’s quarterly results conference call. “Cable is a formidable competitor. Look, they offer a nice package and a bundle and they – in certain areas, they certainly have a speed advantage. So we recognize that and so our marketing team does a really good job of making sure that our packages are competitive and we can counter punch on a both aggregate and deconstructive pricing.”

“Our aim is not to be a low cost, per se,” Sununu added. “What we want to do is to make sure that people stay with us because we can provide a better service and a better experience and that’s really what we aim to do. And as a result, we think that we will be able to change the perception that people have of Fairpoint and our brand and be able to keep our customers with us longer.”

Paul H. Sunu

Paul H. Sunu

Of course customers may not have the option to stay if FairPoint gets its deregulation agenda through and are later left unilaterally disconnected. In fact, while Sunu argues FairPoint’s biggest marketing plus is that it can provide better service, its agenda seems to represent the opposite. AARP representatives argued seniors want and need reliable and affordable landline service. FairPoint’s proposal would eliminate assurances that such phone lines will still be there and work even when the power goes out.

At least this year, customers know if they are being targeted. FairPoint is proposing to immediately remove from “provider of last resort service” coverage in Maine from Bangor, Lewiston, Portland, South Portland, Auburn, Biddeford, Sanford, Brunswick, Scarborough, Saco, Augusta, Westbrook, Windham, Gorham, Waterville, Kennebunk, Standish, Kittery, Brewer, Cape Elizabeth, Old Orchard Beach, Yarmouth, Bath, Freeport and Belfast.

At least 10,000 customers could be affected almost immediately if the bill passes. Customers in those areas would not lose service under the plan, but prices would no longer be set by state regulators and the company could deny new connection requests.

FairPoint argues that customers disappointed by the effects of deregulation can simply switch providers.

fairpoint failure“The market determines the service quality criteria of importance to customers and the service quality levels they find acceptable,” Sarah Davis, the company’s senior director of government affairs, wrote. “To the extent service quality is deficient from the perspective of consumers, the competitive marketplace imposes its own serious penalties.”

Except FairPoint’s own CEO recognizes that marketplace is usually a duopoly, limiting customer options and the penalties to FairPoint.

Those customers still allowed to stay customers may or may not get good service from FairPoint. Another company proposal would make it hard to measure reliability by limiting the authority of state regulators to track and oversee service complaints.

Company critic and customer Mike Kiernan calls FairPoint’s legislative push “moosepoop.”

“FairPoint has been, from the outset, well aware of the issues here in New England, since they had to demonstrate that they were capable of coping with the conditions – market and otherwise – in their takeover bid from Verizon,” Kiernan writes. “Yet now we see where they are crying poverty (a poverty that they brought on themselves) by taking on the state concession that they are trying desperately to get out from under, and as soon as possible.”

Vermont Public Radio reports FairPoint wants to get rid of service quality obligations it has consistently failed to meet as part of a broad push for deregulation. (2:23)

You must remain on this page to hear the clip, or you can download the clip and listen later.

Kiernan argues FairPoint should be replaced with a solution New Englanders have been familiar with for over 200 years – a public co-op. He points to Eastern Maine Electrical Co-Op as an example of a publicly owned utility that works for its customers, not as a “corporate cheerleader.”

Despite lobbying efforts that suggest FairPoint is unnecessarily burdened by the requirements it inherited when it bought Verizon’s operations, FairPoint reported a net profit of $90 million dollars in fiscal 2015.

Frontier Plans National IPTV Service for Up to 50% of Their Customers

Phillip Dampier February 23, 2016 Broadband Speed, Competition, Consumer News, Frontier 2 Comments

frontier new logoFrontier Communications plans to leverage their existing fiber-copper infrastructure to offer broadband-powered television service for up to half of their national customer base over the next four years.

Like many Frontier initiatives, the company’s IPTV effort relies on minimal spending, with just $150 million in capital budgeted for the project, spread out over several years.

“Our plans are to introduce video service to more than 40 markets representing approximately three million households over a three- to four-year period,” said Frontier CEO Daniel McCarthy. “Once complete, video service will be available to about 50% of the 8.5 million households in Frontier’s existing footprint, not counting the pending Verizon acquisition.”

Frontier intends to sell the service to the 57% of customers it claims can receive at least 20Mbps broadband speed. The video streams will co-exist with customers’ data service.

“Our IPTV applications employ the latest very advanced compression technology,” said McCarthy. “[Each] HD television channel will require approximately 2.5Mbps of capacity, meaning a household with four HDTVs active at once will require 10Mbps of capacity into the home, leaving the remainder available for data usage.”

Frontier’s IPTV approach is similar to AT&T U-verse. The company will depend on fiber to the neighborhood service already in place in certain markets, coupled with existing copper wiring already on telephone poles or buried underground in each neighborhood. To further minimize expenses (and customer inconvenience), Frontier will rely on customer-installable wireless set-top boxes that can be relocated to any television in the home.

McCarthy

McCarthy

Frontier has experimented with its video service since last fall in its test market of Durham, N.C. That city also benefits from an extensive fiber upgrade undertaken by Frontier. Frontier’s website sells the service as Frontier FiOS TV, even though Durham’s fiber network was built by Frontier, not Verizon.

For customers, it will likely be a welcome change from Frontier’s ongoing dependence on its partnership with satellite provider Dish Networks to offer video service. One clue Frontier has not well withstood heavy competition from competing cable operators comes from the company’s latest quarterly earnings report. Frontier executives admitted voice service disconnects are accelerating beyond expectation and average revenue per customer dropped 1.1% to $63.14 for the fourth quarter of 2015.

Frontier also continues to feel the wrath of former AT&T customers in Connecticut that withstood a messy “flash cut” from AT&T to Frontier that left some customers without service for days. Despite the expiration of special pricing promotions for Connecticut customers resulting in the prospect of higher revenue, Frontier still recorded a $7 million decline from Connecticut alone, which it mostly blamed on customers ditching landlines. In the rest of the country, Frontier’s “legacy service areas” (those still dependent on aging copper infrastructure) delivered another $4 million decline in revenue for the quarter.

Where are those customers going? Cable operators continue to grab Frontier’s unhappy DSL customers and wireless companies continue to benefit from landline disconnects.

To prevent a repeat of Connecticut in the Frontier-acquired Verizon territories in Florida, California, and Texas, Frontier will keep Verizon’s service plans and only gradually shift services away from Verizon, with the ability to back out of the transition immediately if something goes wrong.

Frontier’s IPTV service will depend on the classic cable television model — 100+ local, network, and cable channels delivered in a bundle with broadband and voice service. At the outset, Frontier won’t be emphasizing skinny bundles of TV channels, but will allow existing Verizon FiOS customers to keep the slimmed down packages they already have.

Corporate Welfare: Congress Gives Big Telecom Accelerated and Bonus Depreciation Extensions

Phillip Dampier December 16, 2015 AT&T, CenturyLink, Consumer News, Public Policy & Gov't, Verizon 10 Comments

corporatewelfareIn the darkness of night, Congress on Tuesday handed some of America’s largest telecom companies a huge tax windfall allowing many to continue taking a special 50% depreciation bonus that slashes their tax bills on new equipment purchases, winning substantial reductions in their federal tax bills.

CenturyLink had been heavily lobbying House Speaker Paul Ryan (R-Wis.) and other House leaders to extend a “temporary tax provision” that was designed to stimulate corporate spending on capital investments during the height of the Great Recession. Stimulus programs like these have allowed corporations like AT&T and Verizon to pay virtually no federal taxes at all for multiple years in a row. AT&T was the second biggest tax provision/corporate welfare recipient in the country, Verizon was fifth according to Citizens for Tax Justice. Between 2008-2012 taxpayers effectively covered the $19.2 billion in federal tax not paid by AT&T and $11.1 billion not paid by Verizon.

The two words that make it possible are: Accelerated Depreciation

Telecom companies, particularly those with wireless assets, are benefiting from the “temporary” stimulus program introduced by President George W. Bush in the last year of his second term because most are capital-intensive, spending regularly to expand, maintain, and upgrade their networks. CenturyLink has taken advantage of accelerated depreciation to invest billions in fiber network expansions to reach cell towers and businesses and on residential broadband speed upgrades the company claims would not have come so quickly without the tax savings.

Mobile companies like AT&T and Verizon Wireless are some of the largest beneficiaries of the stimulus program, using accelerated depreciation to write off expenses for cell tower expansion, network densificiation, and deployment of services like 4G LTE. In most cases, “accelerated depreciation” is technically a tax deferral, but because these companies maintain constant investment in network development and upkeep, the tax man never actually arrives at the door to collect.

Heavy lobbying from beneficiaries not only succeeded in getting the program’s expiration date extended, the Obama Administration agreed to expand it at the end of 2013. Companies slashed tens of billions off their tax bills as a result. A report from the Congressional Research Service, reviewing efforts to quantify the impact of depreciation breaks, found that “the studies concluded that accelerated depreciation in general is a relatively ineffective tool for stimulating the economy.”

Citizens for Tax Justice added:

Combined with rules allowing corporations to deduct interest expenses, accelerated depreciation can result in very low, or even negative, tax rates on profits from particular investments. A corporation can borrow money to purchase equipment or a building, deduct the interest expenses on the debt and quickly deduct the cost of the equipment or building thanks to accelerated depreciation. The total deductions can then make the investments more profitable after-tax than before-tax.

The latest budget bill, passed Dec 15-16, extends the tax breaks until 2018 when the bonus drops to 40%, 30% in 2019, and zero in 2020.

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