Verizon’s lobbyists are warning western New York politicians that unless they defeat a state measure to allow Verizon ratepayers to share in the proceeds of any future landline network sell-offs, Verizon may take a multi-billion dollar proposed data center elsewhere.

The Niagara county community of Somerset, population 2,900, is the planned home for the new high-tech infrastructure project.  Verizon officials propose to use Lake Ontario breezes and water to help cool the energy-intensive facility, to be located on 160 acres just yards from the shoreline.  In all, the Verizon campus will consist of three buildings — each 300,000 square feet in size.  If built as proposed, it would be among the largest of Verizon’s 250 data centers around the world.

But there’s a hitch.

While Verizon project manager Bruce Biesecker showed drawings and answered questions from an eager audience of local residents, Verizon lobbyists were telling reporters the entire project could end up in another state because of legislation under consideration in the state legislature.

Our regular reader Smith6612 dropped us a note wondering if we knew about the project.  Yes, we did.  But we also noticed company officials spending almost as much time complaining about interference from Albany threatening to derail the data center as they spent talking about the project itself.  Company officials also rarely named the exact bill in question or how it would directly threaten its data center investment.

Stop the Cap! covered the introduction of New York Assembly Bill 2208/Senate Bill 7263 earlier this year.  Introduced by Assemblyman Richard Brodsky (D-Westchester) and Senator Brian X. Foley (D-Blue Point), the companion bills came in response to watching Verizon sell off large segments of its landline network in a dozen states to Frontier Communications.  Both legislators were concerned the deal forced subscribers to deal with a new phone company that earned an “F” rating from the Better Business Bureau, all while personally enriching company executives and shareholders in a tax-free transaction.  They don’t want to see a repeat performance for rural New York residents.

Brodsky and Foley argue that such sales should be in the interests of ratepayers, especially rural customers who have few alternative choices.  Their legislation would compel Verizon to share 40 percent of the proceeds of any sale with their customers — the ones that pay the monthly bills that made Verizon’s network possible.  Alternatively, Verizon could spend an equal amount on verifiable infrastructure improvements and escape writing checks to ratepayers.  In either case, the legislation forces Verizon to spend less on bonus bonanzas for a handful of deal-making executives and more on the customers who have to live with the results.

Verizon lobbyists and company officials have routinely mischaracterized the legislation, claiming it singles out the state’s largest phone company with a “40 percent tax” that “exempts cable companies.”  They have also repeatedly hinted the legislation could force Verizon out of the state.

“That weighs as heavily in our decision as do things like power, taxes, environment,” Verizon spokesman John Bonomo said. “The business climate in the state is as important as some of those other factors.”

Verizon officials have not exactly been subtle about what they want to get the multi-billion dollar project ultimately built:  solid opposition to the two bills, which garnered support from consumer and ratepayer groups and the Communications Workers of America.  The legislation passed the state Assembly but ultimately died in the Senate several weeks ago.  Verizon is obsessed about keeping such bills from being reintroduced.

With billions at stake, the western New York delegation of politicians in Niagara and nearby Erie Counties have been especially supine to Verizon’s arguments.  In particular, some Republicans in the state legislature have made it their mission to see the bill permanently killed.

Unfortunately, the quality of the reporting done by local media about Verizon’s lobbying agenda has been especially underwhelming — frequently shallow, lazy, and downright inaccurate.  The assertions raised about the Brodsky/Foley legislation in area newspapers and television news reports makes one wonder if any of the reporters actually read the bills in question.

Take Bill Wolcott’s piece in the Lockport Union-Sun & Journal.

Wolcott never strays far from Verizon’s talking points, describing the bills as “[containing] conditions for givebacks of 40 percent for telephone providers, but does not do the same with cable TV corporations.”

Wolcott does not bother to accurately depict “givebacks” in terms of what they actually are — refunds to Verizon customers.

Verizon’s red herring complaint of unfair treatment is also repeated by the reporter, who apparently does not realize there are major differences between Time Warner Cable, which controls the overwhelming majority of cable subscribers in western and central New York and Verizon’s telephone operations:

1. Time Warner Cable has no plans to sell off its network to the highest bidder, abandoning rural and suburban areas served today.  Verizon did exactly that in most of the dozen states it left on July 1st;
2. Verizon’s landline network provides universal service to New York telephone customers, for which it receives a substantial subsidy from the Universal Service Fund;
3. Time Warner Cable is not held to universal service standards, something Verizon rarely complains about these days now that the phone company is in the same business as Time Warner through its selectively deployed FiOS network (which incidentally is not available in the Niagara county area where the data center is proposed.)
4. Verizon’s prior landline selloffs have almost always resulted in bankruptcies for the buyers, leaving phone customers uncertain about the level of service they will ultimately receive.

The Buffalo News reporter did little better, misrepresenting a fundamental part of the bill (underlining ours):

Under the weight of a multibillion- dollar deficit, the State Assembly in the spring passed a bill that would require telephone companies to return 40 percent of their proceeds to the state if they reached a joint venture with another company or sold off some of their properties in New York.

Reporter Teresa Sharp managed to bungle an important fact.  The state of New York would not receive the proceeds — Verizon ratepayers would.

Most television coverage didn’t bother to challenge the inaccurate assertions made by Republican lawmakers or Verizon representatives either.  Talking points were read and reporters simply nodded their heads.

As a public service to the Buffalo-area media, Stop the Cap! presents a primer on the actual language of the legislation Verizon wants to see dead (underlining ours):

         (1) PROVIDES SHORT-TERM AND LONG-TERM ECONOMIC BENEFITS TO RATEPAYERS.
   49    (2)  EQUITABLY ALLOCATES, WHERE THE COMMISSION HAS RATEMAKING AUTHORI-
   50  TY, THE TOTAL SHORT-TERM AND LONG-TERM FORECASTED ECONOMIC BENEFITS,  AS
   51  DETERMINED  BY  THE  COMMISSION, OF THE PROPOSED MERGER, ACQUISITION, OR
   52  CONTROL BETWEEN SHAREHOLDERS AND RATEPAYERS.  RATEPAYERS  SHALL  RECEIVE
   53  NOT  LESS  THAN  FORTY  PERCENT OF SUCH BENEFITS; PROVIDED, HOWEVER THAT
   54  REINVESTMENT OF SUCH BENEFITS  IN  A  TELEPHONE  CORPORATION'S  IN-STATE
   55  INFRASTRUCTURE MAY BE DEEMED TO SATISFY SUCH REQUIREMENT.

What this means is that Verizon has two choices if it chooses to throw its rural New York landline customers overboard — before paying enormous cash bonuses to executives and deliver subscribers into the waiting hands of a potentially unstable buyer, up to 40 percent of the proceeds must be reinvested in improving the existing telephone network.  Barring that, the same percentage of proceeds must be returned to ratepayers in the form of refund checks or service credits.

Verizon may have a major problem giving customers their fair share, but they have no problem asking New York taxpayers for generous tax breaks.

Verizon has applied for a 20-year payment-in-lieu-of-taxes, or PILOT agreement, which would deliver substantial property tax savings, not a small matter in a region with the highest property taxes in the country.  It also wants a sales tax exemption on building materials and the equipment to be installed at the data center.  The sales tax break alone is expected to cost state taxpayers up to $330 million in lost tax revenue.

Because Verizon is upset about the legislation, local politicians have done one better expressing outrage that Albany politicians could drive Verizon to pack up its data center and head out of state.

Somerset Supervisor Richard Meyers was quoted in Wolcott’s piece suggesting New York residents don’t want any part of a bill that returns money to phone customers if Verizon sells them out.

“I’ll tell you who’s calling the shots in the Senate, and that’s the residents of New York state,” Meyers said. “The average citizen in New York state does not like this bill, and I don’t either. I think it stinks. It’s not a necessary bill, and there’s a lot of time and energy wasted.”

Assemblywoman Jane Corwin, (R-Clarence) characterized the legislation as a union plot, quoted bashing the bills in the Lockport newspaper:

“It’s a very bad bill, being pushed by the Communication Workers of America, the union that represents the workforce at Verizon,” she said. “Of all the people that stand to get hurt, it’s the employees that would get hurt the most, and the investors as well. The whole bill doesn’t make sense.”

“This bill chills any business incentive to invest in New York state … because they stand to lose 40 percent of that investment down the line. The playing field will be made uneven, if we start taking 40 percent of that potential away from Verizon and not from the cable companies and Internet companies.”

She  contends that the CWA was putting pressure on the Assembly. “The shame of it all is that it’s been driven by a special interest group. They are the ones pushing this bill.”

What is especially chilling is that Corwin never bothers to mention concern for the one group affected above all others: Verizon landline customers.  To her, they are incidental.  The CWA?  A “special interest group.”  Verizon?  A source of campaign contributions for her.  This year, she has already picked up some nice change from the folks at Big Red:

VERIZON COMMUNICATIONS INC 140 WEST ST. ROOM 2613 NEW YORK, NY 10007	250.00	16-MAR-10	JANE CORWIN CAMPAIGN COMMITTEE	2010 July Periodic	B	Member of Assembly	142
VERIZON GOOD GOVERNMENT CLUB-NEW YORK 140 WEST ST; RM 2613 NEW YORK, NY 10007	300.00	01-SEP-10	JANE CORWIN CAMPAIGN COMMITTEE	2010 32 Pre General	C	Member of Assembly	142

Source: New York State Board of Elections

That’s not bad for a New York Assemblywoman serving a rural district whose total campaign take since her first election is just under $125,000.

State senator George Maziarz (R-Newfane) is just as bad.

“It’s a terrible piece of legislation, and I’m doing all I can to make sure it doesn’t pass,” said Maziarz, who heads the Senate’s Energy and Telecommunications Committee.

Verizon also thanks Maziarz for his efforts, for which he has been well-rewarded in the last two election cycles:

VERIZON COMM FOR GOOD GOVT 140 WEST NY, NY 10007	500.00	06-MAY-08	COMMITTEE TO ELECT MAZIARZ STATE SENATE	2008 July Periodic	C	State Senator	62
VERIZON COMM INC GOOD GOVT 140 WEST NY, NY 10007	4,000.00	26-MAR-08	COMMITTEE TO ELECT MAZIARZ STATE SENATE	2008 July Periodic	C	State Senator	62
VERIZON COMM INC GOOD GOVT CLUB 140 WEST NY, NY 10007	3,000.00	12-FEB-10	COMMITTEE TO ELECT MAZIARZ STATE SENATE	2010 July Periodic	C	State Senator	62
VERIZON COMMUNICATIONS PAC 140 WEST NY, NY 10007	3,000.00	11-MAY-10	COMMITTEE TO ELECT MAZIARZ STATE SENATE	2010 July Periodic	C	State Senator	62
VERIZON GOOD GOVT CLUB NY 140 WEST NY, NY 10007	3,000.00	27-JUL-10	COMMITTEE TO ELECT MAZIARZ STATE SENATE	2010 32 Pre General	C	State Senator	62

Source: New York State Board of Elections

The prospect of new high technology jobs and investment are more than promising to an upstate economy that has suffered difficult economic times for years.  But Verizon’s threats to skip Somerset for its new data center because of “anti-business” hostility ignores the company’s own willingness to abandon its rural customers.  In states where Verizon has sold off landline service — ending the prospects for real improvements in broadband and other modern services — communities like Somerset were the first to go, seen as too small and isolated for Verizon’s urban-based business plans.

The legislation Verizon fears protects New York residents, including those in Niagara County, from deals that enrich a handful of executives and Wall Street bankers while delivering sub-standard service to customers left behind.  Verizon’s record of sell-offs has been a disaster for customers, forced to endure long-term service disruptions, inaccurate bills with unfair charges, low quality broadband, and high prices.

Ironically, Verizon’s fear is totally misplaced, assuming they intend to remain committed to serving customers across the state — from cities as large as New York -and- towns as small as Somerset.  Even using Verizon’s own language, they can avoid the 40% “tax” if they simply keep providing service to their customers.

That’s just one of many facts the media in western New York needs to do a much better job of communicating to their readers and viewers.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Verizon Data Center 10-18-10.flv[/flv]

WIVB and WKBW-TV in Buffalo delivered several one-sided reports about the proposed Verizon Data Center while allow inaccurate information about Assemblyman Brodsky’s proposed bill to go unchallenged.  (8 minutes)

At 12:01am Saturday, an unintended economic stimulus package kicked in for New York area sports bars as News Corporation yanked Fox network affiliates in New York and Philadelphia from Cablevision subscribers in a dispute over programming fees.

WNYW-TV (Fox), WTXF-TV (Fox), WWOR-TV (MyNetwork TV), Nat Geo WILD, Fox Business Channel, and Fox Deportes were all replaced with a looped message from Cablevision attacking Fox for negotiating in bad faith and greedily demanding more money than the cable company pays for every other New York area broadcaster, combined.

The dispute sent sports fans scurrying for access to weekend sporting events blacked out on the cable system serving Brooklyn, Long Island, and parts of Connecticut and New Jersey.  Cablevision customers were denied yesterday’s New York Giants-Detroit Lions football game and Philadelphia Phillies-San Francisco Giants baseball playoff game.  For a brief period, Fox raised the ante by also blocking Cablevision broadband subscribers from accessing Fox programming on Hulu, until political pressure and complaints from consumer groups forced Fox to retreat.

At issue, as always, is money.  Broadcasters are increasingly insistent on being paid for the right to retransmit their programming over cable systems.  Without agreements, a broadcaster can insist that a cable system drop their station(s) from the lineup until a retransmission consent agreement can be reached.

For years, many smaller independent stations fought to get on cable systems — for free — especially in areas where poor reception made it difficult to watch.  Broadcasters increased local advertising rates thanks to the extended viewing area many cable systems provide.

But now that local ad revenue is not what it used to be, and with viewers going online for access to their favorite shows, agreements increasingly require cash payments for permission to carry stations.

For the nation’s largest television market — New York City, the amounts exchanged can be staggering — well over $100 million dollars each year.  With that kind of money at stake, disputes have become almost routine, and area viewers are sick of it.

“It’s all about the money,” complained resident Joe Figueroa. “They’re always greedy.”

Figeroa and fellow Bronx resident Shinequa Gaillard told WNBC-TV these disputes always leave customers in the middle.

“I think neither one of the two are thinking about the customers and the viewers — neither one of them,” Gaillard said. “As consumers, what can we do? Nothing.”

Briefly over the weekend, viewers hoping to bypass the dispute by watching Fox programming on Hulu learned the network had decided to involve Cablevision’s broadband subscribers in the fight as well — blocking access to Fox-owned content.  Some of our readers, include PreventCAPS, noticed.

Stop the Cap! reader and Cablevision subscriber Jim in Garden City, N.Y., discovered the programming blockade when he tried to watch an episode of COPS on Hulu.

“Fox has gone hardball on us by blocking Hulu for anyone with a Cablevision IP address,” Jim writes. “This is how these bastards operate, cutting off programming even for those like me who don’t even have cable TV and should not be involved in this debate at all.”

Jim uses a rooftop antenna to access local stations, and does not subscribe to a Cablevision video package.  He’s convinced this is exactly why we need Net Neutrality enforced by law in the United States.

“Imagine if this was Comcast-NBC vs. Fox,” he warns. “Do you think Comcast wouldn’t think twice of pulling the plug on Fox’s website and video content if the two hated one-another?  They’d flip that switch off in a second.”

The implications did not go unnoticed by Free Press and other consumer groups.

“Consumers should have the right to watch online content, and this access should not be tied to a dispute over cable television carriage arrangements,” said S. Derek Turner, research director for Free Press. “This move is also an example of a major user of public spectrum abusing the public interest.”

The matter quickly also went political, triggering an angry response from Rep. Ed Markey (D-Mass.) urging the Federal Communications Commission to step in and “actively defend Internet freedom and consumer rights.”

A few hours after statements like that, Fox pulled back and restored access, but the point was made for those who recognize media companies have major involvement in online and over-the-air programming.

Rep. Steve Israel (D-N.Y.), whose district includes shut-out Cablevision subscribers, thinks these disputes have become way too common.

Cablevision subscribers have endured short-term lockouts from Food Network and HGTV, networks owned by ABC-Disney, and now this latest dispute with Fox.  Israel wants binding arbitration for these types of disputes, if only to shield customers from one side or the other yanking access:

“I spoke to officials today at the FCC and they confirmed they have offered to mediate arbitration and pledged to keep the heat on both parties to come to the table without disrupting service.  Haven questioned Chairman Genachowski about this issue in March, I know that he shares my concerns about the continued brinkmanship of these negations that threaten to leave customers in the dark.  I’m disappointed that both parties haven’t agreed to hold Giants fans harmless while negotiations continue.”

While Cablevision announced it was willing to enter arbitration to resolve the dispute, Fox officials refused, claiming it would reward bad behavior by the cable company.

Both players have their own websites defending their respective positions and trying to sign up viewers to help fight the battle.

News Corporation, which owns Fox, runs KeepFoxOn and is encouraging Cablevision subscribers to cancel subscriptions and switch to Verizon FiOS or satellite television.  It also accuses Cablevision of hypocrisy over their resistance to paying “fair fees” for Fox-owned programming.

Lew Leone, vice president and general manager of News Corporation’s WNYW and WWOR-TV says Cablevision wants special treatment:

Instead of negotiating like a responsible business, Cablevision decided to make this your problem in the hope that if they caused you, the viewer, enough inconvenience, then politicians would intervene.

That is what Cablevision’s call for “arbitration” is all about.   But ask yourself – do you think Cablevision would be ok with someone else stepping in to decide the price you pay them for cable and broadband service?

And the Cablevision family certainly doesn’t allow arbitrators to set the rates for their cable channels like MSG and AMC.  In fact, just a few weeks ago, MSG and MSG Plus went off the dial for millions of DISH Network subscribers – and MSG did not ask for arbitration.

Cablevision has called us greedy. It’s an interesting charge, given the fact that the price we’ve offered Cablevision for FOX5 and My9 is more than 70% lower than what the Cablevision family charges other cable operators for MSG and MSG Plus.

Frankly, it is hard to believe a company like Cablevision is accusing anyone else of greed.  Cablevision customers pay an average of $149 per month including up to $18 for broadcast stations – and that earned them an average profit of over $795 per subscriber last year.  Yet, they have only offered to pay less than a penny a day for FOX5 and My9.

Cablevision has stated that they intend to provide you with a rebate.  But if the rebate is equal to what they offered Fox for our stations, you can look forward to a credit of less than 30 cents on your next bill.

Cablevision officials fire back that they won’t be bullied.  The Cablevision website, along with a video airing on blacked out channels, accuses Fox of greedily demanding $150 million for stations, many of which customers can watch for free over-the-air:

• Cablevision currently pays 70 million dollars per year for News Corp’s programming (which includes channels such as FOX 5, My9, FOX Business Network, National Geographic Wild, and FOX Deportes), and now they are asking for more than 150 million dollars for the exact same programming – no new programming, just another 80 million dollars per year for News Corp.
• Cablevision has reached agreement with every other major broadcast station, including CBS, NBC, ABC and Univision. But News Corp is demanding more in fees for FOX 5 and My9 than Cablevision and our customers pay for all of the other broadcast stations combined!
• We think in these economic times that this is outrageous, especially since FOX 5 and My9 are available for free over the air, and they make many of their most popular shows available for free on the Internet.
• News Corp has pulled the plug on their most popular programming, holding viewers hostage until their unreasonable demands are met. NFL Football, the MLB playoffs and World Series, House and Glee are just a few of the programs that News Corp is depriving their viewers of in an attempt to bully us into accepting their unfair demands.
• Cablevision is willing to accept binding arbitration from an independent 3rd party to settle this dispute. We call on News Corp to accept binding arbitration, and to put FOX 5 and My9 back on the air for our customers until we can come to a fair agreement.

Both sides have publicized their views in the local media, including full page ads in New York tabloids.  One from Fox targeted Cablevision’s owners personally, accusing the Dolan family of getting top dollar for lesser-watched sports networks under the MSG umbrella while playing hardball over program fees for channels 5 and 9, heavily viewed in the New York area.

Right now, Cablevision pays about 25 cents per month for both broadcasters.  News Corporation reportedly wants a dollar per month.

Forbes entertainment columnist Lacey Rose warns these repeated battles may bring unintended consequences from viewers, especially for Fox:

The networks’ current strategy –block programming while trading barbs with the cable operator in question—may do more harm than good, however, as consumers are (further) incentivized to find new ways to occupy their time. (Much as they did during the 100-day writers’ strike, when new scripted programming was shelved for months.) Still more worrisome, the resulting fees that will be passed down to already cash-strapped subscribers in the form of higher cable bills could end up pushing them away forever.

In an era of 1,000-plus channels and infinite entertainment on the Internet, the broadcast networks are already in a precarious position with younger viewers, which advertisers pay a premium to reach. Blackouts or not, nearly 70% of cord cutters are under the age of 34, according to a BTIG study released last month — and that doesn’t include a growing subset of these younger, tech-savvy viewers who never even bother with a cable subscription, preferring entertainment outlets like Hulu and Netflix for their content.  Though the networks are loathe to admit it, viewership continues to decline as the median age of the audience at the big four rises. In fact, thus far this season the median age of a prime-time viewer is 50 years old, according to The Nielsen Company.

But at least for now, as negotiations continue in the third day of the programming blackout, there appears to be no end in sight.  Cablevision has even engaged in some programming blackouts of its own, denying access to today’s New York gubernatorial debate to Verizon FiOS, which prompted an angry response from the phone company.

“Verizon FiOS TV customers and millions of other viewers served by other providers across the state have essentially been blacked out of the debate, denying them their rights as citizens and voters, since Cablevision is the sole broadcaster of the event,” said Michelle Webb, general manager and chief programming officer of FiOS1, Verizon’s news channel for Long Island and northern New Jersey. “And while the broadcast will be available on certain websites and some radio, those may not be practical solutions for many people.”

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Fox Cablevision Dispute 10-18-10.flv[/flv]

Stop the Cap! brings you a comprehensive roundup of coverage from the New York area regarding the Cablevision-Fox dispute, with coverage from WNYW, WABC, and NY 1 television, Cablevision and Fox themselves, and WINS and WCBS Radio.  (14 minutes)

Frontier Communications continues to alienate customers up and down the state of West Virginia with more service outages, billing problems, and emergency 911 service interruptions.

This time, it’s the community of Marmet that suffered an outage the company described as “temporary.”  Service to the area’s Metro 911 emergency operations center was interrupted Monday and residents knew what to do when Frontier could not deliver landline service that works — they grabbed their cell phones.

In Dunbar, the funeral director at Keller Funeral Home noticed he stopped getting calls from local area customers after Frontier took over operations July 1st.  Michael McCarty told a Charleston television station Frontier initially blamed him for the problems, but later discovered malfunctioning switching equipment was at fault and forked over a $344 refund.  McCarty’s business probably took a bigger financial hit than that when potential customers could not get through — for months.

“People would call, but it wasn’t ringing here,” McCarty told the Charleston Gazette. “There really wasn’t much we could do but wait it out.”

Two dozen complaints about Frontier’s performance are still pending at the West Virginia Public Service Commission.  The state’s consumer advocate says Frontier’s service quality in the state is not improving.  Frontier blames Verizon’s aging and poorly maintained network for most of the problems.

But many of Frontier’s complaints, not just in West Virginia, are about unfair early cancellation fees, inaccurate billing, lost service orders, and lousy customer service.  Here’s a sample:

• “The customer service representative was extremely rude and angry. We called in response to the unfair cancellation fee of $250.00. Last week we were told that we had until 9/30 to opt for other phone service without a cancellation fee. Each representative gives different information. Small business were treated horribly by Verizon and now Frontier. After the rudeness, I will never bring my business service back to Frontier!”
• “I have fought this company for six months because every month they cannot get billing right. They are the absolute WORST I have ever dealt with. They charge for services not wanted. They charge late fees when none should have been charged and then didn’t remove them after admitting their mistakes. If you have any other choice, avoid Frontier like it’s a plague, because it is.”
• “They never processed my order to transfer my service. I called back 4 times in a week to get them to do their job. On the last day, I was left on hold for 2 hours in the morning and then 1.5 hours in the afternoon, only to be told I would have to wait another 3 days for a servicemen to come out. The wait times were nothing less than abusive.”
• “Horrible folks to do business with. Verizon sold my FiOS/Phone account to Frontier and soon afterward mysterious charges for “ID protect” etc. started appearing on my bill. Whenever I call their service, it loops and hangs up. I tried the option for “we will call you back” – when it calls back , it will give another number to call back, where you have to wait again. Can’t wait to get rid of them.”
• “Frontier recently bought out Verizon’s service in my area. The automated phone tree system goes in loops and hangs up on you. Furthermore, once I finally figured out how to get someone on the line (responding to every question the automated system asked with “operator”) and moved up to a supervisor… the supervisor got very short with me when I tried to cancel my service and then hung up on me. When I called right back, I got an automated message saying the offices were closed.”

Some enterprising Frontier customers have learned their hold times will be much shorter if they opt to speak with a Spanish-speaking operator.  “Many of the call centers are in Florida anyway, so you may get a bilingual operator no matter which language you choose,” writes our reader Danielle.  “I cut my hold times from over an hour to less than five minutes this way.”

Meanwhile, one of Frontier’s primary competitors in the state, Citynet, accused Gov. Joe Manchin’s office of wasting $126 million in taxpayer money that will benefit Frontier Communications far more than state residents starved for broadband.

Citynet CEO Jim Martin urged federal officials Wednesday to suspend the grant after the state defended plans to allocate a large amount of the grant exclusively to connect state agencies.

“The state’s response clearly highlights why the federal government needs to suspend the award until there are major modifications to the plan,” Martin said. “It is clear from the state’s letter that little will be done with the federal taxpayer funds to increase the availability of adequate and competitively priced high-speed infrastructure in West Virginia. The current approach will cost the state future job growth.”

Martin is upset that more than half of the grant, $69 million dollars, will be spent on Frontier’s behalf to construct a broadband network for the state government.  The agencies who get access will still have to pay Frontier market rates for high speed broadband access, despite the fact taxpayer dollars were spent to construct the network Frontier will operate.

Citynet wants stimulus funding diverted to construct a “middle mile” broadband network that every telecommunications company can access at wholesale rates to deliver improved broadband services to residents and businesses, not just government buildings.

Martin says the Manchin Administration is making “blatantly false” claims that the stimulus money would deliver high-speed Internet to 700,000 homes and 110,000 businesses.  Unless those homes and businesses are stuffed into government agency buildings, it won’t.

According to Martin, all of the benefits will go to only two places — state agencies and Frontier’s pockets.

“It’s a political favor to Frontier,” Martin charged.

“The citizens of West Virginia deserve transparency and accountability from their public servants, and this is even more true given the magnitude and importance of the need for broadband enablement in our state,” Martin said Wednesday. “I was born and raised in West Virginia, and I am aware of the consequences this program could have for West Virginia in terms of job growth and competing for high-paying 21st century jobs.”

While the passage of the CARD Act has protected consumers from some of the worst credit card tricks and traps, the legislation left plenty of loopholes which credit card companies are increasingly exploiting to minimize risk and generate additional revenue.  As credit card companies continue to reduce credit limits and close accounts, both permitted under the legislation, they are increasingly using “excessive credit inquiries” as an excuse for taking that action.

That’s why one Raleigh, N.C. Time Warner Cable customer was very unhappy to see not one, but two credit inquiries on his credit report from the cable company when he signed up for service back in July:

TIME WARNER CABLE - RALEIGH
Hide Details    07/13/10, 07/12/10

These “hard pulls” appear on credit reports under the “inquiries” section and are provided to other creditors as an indication of how much new credit you are applying for over a two year period.  While one or two of these inquiries are unlikely to dramatically impact your overall credit score, someone moving to a new home or planning to purchase one might run into some reluctant creditors unwilling to extend credit at the best possible rates for those who have six or more inquiries in the last 12 months.

According to Fair Isaac, the company that produces the FICO score, those with six or more inquiries on their credit reports are up to eight times more likely to declare bankruptcy than people with no inquiries on their reports.

As credit card issuers continue to be risk averse, a sudden appearance of hard inquiries on a credit report can be enough to deny you approval for a new account or help trigger a “credit review” which, in combination with other factors, can lead to a major credit line reduction or even account closure.

Pentagon Federal Credit Union, one of the nation’s best-rated credit unions, is also among the most sensitive to lots of inquiries, fearing potential customers are “pyramiding credit” through rapid fire applications.

Time Warner Cable is not alone in pulling credit reports on their new customers.  Comcast, AT&T, DirecTV and Verizon also obtain credit reports for customers signing up for cable, satellite, landline, and/or mobile service, and some customers have seen their FICO scores drop as a result.

Fair Isaac says the impact from inquiries will vary from person to person based on their individual credit histories.  For most people, one additional credit inquiry will take less than five points off their FICO score. But inquiries can have a greater impact if you have few accounts, a short credit history, are trying to rebuild credit, or are on the edge of moving from one score range to another.  Some creditors that manually check applications may ignore or discount credit inquiries from cable and phone companies, because it’s not the same as applying for a credit card, but automated systems may not be so forgiving.

More upsetting to some are why these companies are placing hard inquiries for credit reports on their subscribers’ credit files in the first place, especially when many customers had no idea they would try.

“Creditors can review credit reports and report them to credit bureaus as “soft” or “hard” inquiries,” writes our reader Tabitha, who had her credit report pulled when she called requesting a lower rate from Comcast.  “If they make a soft inquiry, that’s no big deal because no other creditors will see this on your report.  But Comcast made a hard inquiry and that does show up and it dropped my FICO score six points.”

Tabitha moved into her Philadelphia-area home eight months ago, opening a new checking account, establishing accounts with local utility and cable companies, switching her cell phone carrier, and dealing with Comcast.  Altogether, that resulted in six hard inquiries on her credit report.

And many credit card companies absolutely hate to see that.  Here’s a copy of a letter rejecting one consumer’s request for credit because there were “too many inquiries” for credit in his or her credit file:

If Discover Card discovers a whole mess of inquiries on your credit report, you’ll discover a rejection letter from them in no time at all, as this customer discovered:

We have been able to find credit inquiries from cable and phone companies for everything from establishing service as a new customer to relocating to a new address or even upgrading or downgrading your level of service.  Establishing postpaid cell phone service almost always has resulted in a credit report pull, and most customers are aware of that when they sign up.  But should a cable company do a credit check just for calling them up and asking for a lower rate?

Bargaineering has some tips to help get these inquiries permanently deleted from your credit report from all three major credit bureaus.  It can be as easy as just writing a letter.  The Time Warner Cable customer in Raleigh called the cable company to demand they remove at least one of the duplicate hard inquiries, and Time Warner managed to do him one better by deleting all of them from his credit file, which suits him just fine.

In areas where limited competition between broadband providers has broken out, consumers are discovering their local providers advertising faster, higher priced tiers of Internet service.  But do you really get the speeds you are paying for?

There are a number of factors that can impact your speed — the quality of the lines to your home, whether you are accessing the Internet through a wireless connection, and how much congestion your provider copes with during peak usage times.  Here are some tips to consider:

If your speeds are simply awful — nearing dial-up at times —  especially when the weather is poor outside, you should first suspect a problem with your connection.  Call your provider and request a line test to determine if there is an obvious fault with the lines running to your home or business.  The usual culprits are cracked cable fittings, worn out insulation, water getting into the wiring, or squirrels that have used your phone or cable line as a toothpick.  If the line test is not definitive, request a service call to check your lines.  Phone cables are especially prone to water damage, often inside terminal boxes located well off your property.  Cable TV lines suffer from corrosion, insulation that has fallen away or cracked, or fittings that need replacement.  If critters have chewed through the outer cable, you will often also see the results on your television with a downright lousy picture.  The biggest problems always seem to appear in the spring and fall during major climate transitions.

If you notice speeds are much slower during the early evening and weekends and you are on a cable connection, your cable company has probably oversold service in your neighborhood and too many users are trying to share the line at the same time.  Cable companies can divide up the traffic by splitting the neighborhood’s connection back to the cable company in half.  The upgrade is usually done at a box or facility somewhere in the neighborhood, not at your home.  If this prime time slowdown occurs on a DSL or fiber connection, chances are the provider doesn’t have a wide enough pipeline to the Internet to accommodate customer demand in that town or city.

Also remember that DSL connections from the phone company are sensitive to the distance between your home and the phone company’s central office.  Don’t pay for higher speed tiers of service if your phone line simply refuses to support those speeds.  Downgrade your service to a speed level you can realistically expect to receive in your home.

If you access the Internet over a wireless connection from a router, a major speed logjam can occur if your Wi-Fi signal faces interference from neighbors sharing the same wireless channel.  Sometimes just running a microwave oven can obliterate certain wireless connections or significantly slow them down.  If your signal strength meter shows poor or fair reception, try reorienting your wireless router.  The higher you can place the router and keep it free of obstructions the better.  Walls, floors, and even metal filing cabinets can degrade wireless signals.  Many wireless routers have two antennas.  Try orienting one antenna vertically and the other horizontally and see if it makes a difference.  Sometimes moving a router across the room can make a significant difference.  You can also try changing wireless channels if you routinely see a large number of neighbors’ Wi-Fi connections all piling on the same channel you use.

The best way to gauge what kind of Internet speeds you are getting is to perform a free speed test at different times of the day.  Your service provider may have its own test website to visit (try Googling the name of your provider, your nearest city and “speed test” in a one sentence search).  Broadband Reports has several different speed tests to try as well.

If you are not getting what you are paying for, be sure to complain and get some money back.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KNXV Phoenix Qwest and Cox may charge your for faster Internet speed, but is your broadband really that fast 8-24-10.flv[/flv]

KNXV-TV in Phoenix explains how to make sure you are getting the Internet speeds you are paying for with some free speed test websites.  (2 minutes)