Belinda Horton, Clarksville, Tenn. speaks with AT&T customer service

Back in April, Stop the Cap! covered the story of Clarksville, Tenn., resident Belinda Horton, who found herself besieged by endless billing errors from AT&T.

She was not alone.  More than 15,000 customers in Tennessee alone have been suffering with an AT&T “unlimited” long distance calling plan that has billed every long distance call at non-plan rates.  At one point, Horton found herself staring at a bill for $1,350.

As of late April, more than three thousand dollars in erroneous charges had appeared on her phone bill over several months, when she was only supposed to have paid a flat rate amount of $25 a month for unlimited long distance.

Horton did secure credits from AT&T, but only after repeatedly calling their customer service department after every inaccurate bill arrived.

For her and other Tennessee customers in the same boat, appeals to the Tennessee Regulatory Authority were supposed to fix the problem.  AT&T’s legal counsel, Guy Hicks, apologized on behalf of the company and promised to make things right.

That lip service was apparently good enough for the TRA, which as we wrote at the time was just a bit premature:

It was disappointing to see the TRA praising AT&T at the end of Monday’s meeting.  This is an ongoing nightmare for some customers, and TRA officials seemed all too ready to applaud the company for its promises to fix the problem while Tennessee residents continue to be overbilled.  The time for praise comes after the company resolves the issue and every customer has been credited for every error.  AT&T has promised it would resolve these billing problems for nearly a month, with complaints still arriving even as the Authority met.

Long time readers can guess what happened next.

Belinda dropped a note to Stop the Cap! informing us she had enough with AT&T and decided to switch to Charter Communications.  But in one last indignity, her final bill from AT&T was loaded with inaccurate charges running over $100.

Now that Horton is a former AT&T customer, the company has been even less responsive than ever.  The TRA is reportedly involving itself in the matter once again, although it’s clear AT&T doesn’t exactly feel threatened by the Authority.

Had AT&T done the right thing, they would have not only credited back the inaccurately billed long distance calls, they also would credit back the $25 a month Belinda paid for a long distance plan she had to fight every step of the way to actually receive.  It’s the least the company could do for a customer who was forced to flee AT&T because they couldn’t resolve their own billing problems.

Belinda writes she has better things to do than spend endless hours fighting with the phone company.  She has been devoting as much free time as possible caring for an ailing friend.  Many people would have simply paid AT&T’s final bill just to be rid of them, but it was Belinda’s friend who encouraged her to stay in the fight and not pay AT&T one penny more than they deserve.

Stop the Cap! is attempting to get Horton in touch with the executive office customer service department at AT&T to get this resolved once and for all.

As expected, the Federal Communications Commission today voted 3-2 along party lines to move forward with a Notice of Inquiry on Chairman Julius Genachowski’s proposed “third way” of “light touch” regulation to restore the agency’s authority over broadband matters.

A Democratic majority approved Genachowski’s proposal after debate among Commission members.  Democratic Commissioner Michael Copps, long critical of the Bush Administration’s efforts to deregulate broadband, was among the most forceful in calling for some oversight over the industry.  Copps contended that the Bush Administration bent over backwards for large telecommunications companies in unprecedented ways, even stripping away basic consumer protection policies relating to privacy and billing.  The result, he contends, has been a disaster for broadband consumers.

“We need to reclaim our authority,” said Copps. “I, for one, am worried about relying only on the good will of a few powerful companies to achieve this country’s broadband hopes and dreams.”

Copps dismissed rhetoric from industry groups in opposition to the proposal, claiming broadband oversight was not a government takeover or regulation of the Internet.

“We are not talking, even remotely, about regulating the Internet,” Copps said. “We are talking about meaningful oversight of the infrastructure and services that allow Americans to get to the Internet.”

Genachowski’s proposal would correct flawed policy enabled by former Bush Administration FCC Chairman Michael Powell, who supported the classification of broadband as an “information service.”  Powell claimed that classification would include ancillary authority to back FCC enforcement.

That authority would be put to the test.

In 2007, Comcast secretly imposed speed restrictions on customers using peer-to-peer software.  Using the authority Powell claimed the agency had, the FCC ordered the broadband provider to cease and desist its speed throttling. Although Comcast discontinued the practice, replacing it with a 250 GB monthly data cap, the company also sued in federal court a year later, claiming the FCC’s broadband authority was flawed.

Earlier this year, the court agreed, ruling the FCC could not extend ancillary authority under its “information service” classification of broadband.  In that one decision, the FCC lost most, if not all of its oversight powers over broadband matters.

By reclassifying broadband as a “telecommunications service,” the Commission believes it can win back its oversight powers.  The Supreme Court, in an earlier case, upheld similar authority in another matter.

But telecommunications companies have claimed the proposed reclassification would subject broadband providers to 1930’s era regulations established for telephone landline companies.  They objected strongly to today’s vote.

Tom Tauke

Tom Tauke, Verizon executive vice president for public affairs, policy and communications said, “Reclassifying high-speed broadband Internet service as a telecom service is a terrible idea.  The negative consequences for online users and the Internet ecosystem would be severe and have ramifications for decades.  It is difficult to understand why the FCC continues to consider this option.”

Tauke, along with several other phone and cable companies have asked the Commission to turn the matter over to Congress.  Tauke referenced the industry-backed effort that secured nearly 300 signatures from members of Congress opposing reclassification.

But industry critics contend turning the matter over to a polarized Congress would represent a delay at best.  At worst, it could open the door to even more industry-backed, campaign contribution-fueled deregulation.

“There is a real urgency to this because right now there are no rules of the road to protect consumers from even the most egregious discriminatory behavior by telephone and cable companies,” said Markham Erickson, executive director of the Open Internet Coalition, which includes Internet heavyweights like Google and Amazon.com.

Aparna Sridhar, Free Press’ policy counsel said, “The FCC’s Third Way proposal presents a measured response to a problem created by a Comcast lawsuit: Without restoring its authority over broadband, the Commission won’t be able to bring broadband to rural and low-income Americans or promote policies that encourage innovation, creativity, free speech and job creation online. These are goals that we can all agree on, and we support the Commission’s effort to achieve them by first establishing a sound legal foundation for its policies.”

Republican commissioners largely adopted the broadband industry position that any additional regulation would harm investment and hurt consumers.

“I recognize that industry alone will not solve every challenge and no commercial market is perfect, but I fear that a more proactive broadband regulatory approach would adversely affect consumers, competition, and investment,” said Republican Commissioner Meredith Baker, who voted against the proposal.

At least one Republican congressman went all out for the industry in a letter to Genachowski that accused him of engaging in a “blind power grab.”

“Despite overwhelming opposition within a Congress that possesses the actual authority that the FCC covets, the Commission now inexplicably appears poised on Thursday to take another misguided leap towards its investment-suffocating attempt to regulate broadband providers as common carriers,” Rep. Fred Upton (R-Michigan) wrote.

Upton counts AT&T among his top-five contributors, giving the congressman and his leadership PAC $20,000.  Upton also accepted $15,000 from the National Cable & Telecommunications Association, $10,250 from Verizon, $10,000 from Comcast, and $7,500 from Deutsche Telekom, owner of T-Mobile.

Despite all the rhetoric, at least one carrier was forced to live under most of the rules Genachowski proposes for all of America’s broadband providers, with little difficulty.  AT&T agreed to maintain a Net Neutral policy from 2006-2009 as part of its merger agreements with SBC and BellSouth.  While doing so, the company increased investments in deploying its IPTV service U-verse, which included better broadband service for U-verse customers.

Stop the Cap! will provide detailed instructions on how to submit comments to the FCC as part of today’s Notice of Inquiry soon and will hopefully have video of today’s event up shortly.

AT&T 3G MicroCell

If you are an AT&T customer with a 3G MicroCell, AT&T’s home-based “cell tower”, take note: your 3G data usage, even while at home, counts against your monthly usage cap.

AT&T’s MicroCell ($150) does not use AT&T’s mobile network — it instead relies on your home broadband connection — but AT&T charges customers as if they were.

For customers who assume MicroCell traffic should be exempt because they provide and pay for the connectivity, AT&T’s overlimit fees await.

The company’s pricing and policies make owning a MicroCell increasingly pointless, particularly for data applications.  That’s because AT&T does not meter Wi-Fi usage, even when using AT&T’s own Wi-Fi network.

The disparity between femtocell traffic (the industry name for devices like the MicroCell) and Wi-Fi doesn’t make much sense to Dean Bubley, writing for his Disruptive Wireless-Disruptive Analysis blog:

Given that the RAN generally costs much more than the core network for most operators, there should clearly be differential (or zero-rated) pricing for traffic using femtocell offload. Either that, or there should be a mechanism for customers to charge AT&T for using THE USER’S broadband pipes for backhaul.

It is critical that any policy management and charging infrastruture is capable of discerning bearer type (which could also be UMA WiFi tunneled via the core on some other networks). Otherwise it makes a total mockery of the concept that policy is intended to align pricing with the underlying costs of service delivery.

It also makes a mockery of the femtocell concept as a mass proposition, if the end-user has to pay more than using their own WiFi. If I was a femto vendor today, I’d be spitting feathers about this, as it completely undermines the positioning vs. WiFi as an offload tool.

AT&T doesn’t care.

“The 3G MicroCell complements Wi-Fi by providing enhanced in-home voice coverage and reliable data when Wi-Fi may not be available — but it is primarily intended for voice calls,” an AT&T spokeswoman wrote in an email to Light Reading Mobile.

As the website notes, for consumers, the femto price model means that they will pay AT&T for the Microcell to get better indoor 3G coverage, pay for the backhaul connection to AT&T’s core network, and pay AT&T to use that indoor 3G base station.  What a great deal — for AT&T.

Despite claims that broadband is not eroding Time Warner Cable’s cable television business, the nation’s second largest cable operator has begun a “TV Everywhere” trial to expand broadband viewing options for “authenticated cable subscribers” and plans IPTV tests by the end of this year.

A “small number” of subscribers are now participating in the TV Everywhere trial in the New York City area, accessing premium channel content online, if they also subscribe to the channel.

James Manchester, regional president of network operations and engineering in the company’s New York City system told Broadcasting & Cable that the tests will verify whether the authentication process functions properly.

Manchester expressed urgency that unless Time Warner Cable moves to manage video content online, the company will continue to lose subscribers.

He told B&C cable’s erosion of video subscribers, at a time when digital voice and broadband subscriptions continue to grow, makes it essential to move to more of an IPTV environment.

“It’s no secret that we’re losing video subscribers as an industry,” he said. “We can’t afford to wait.”

Time Warner Cable sees challenges from several potential competitive threats:

• Online video: Services like Hulu and Netflix, and time-shifting services that allow viewers access to on-demand programming online represent a real threat to the traditional cable-TV model.  Customers can cut the cable cord and watch everything online for free or for around $10 a month.
• IPTV: Niche and ethnic programming delivered over IPTV networks allows third parties to create mini broadband-based cable systems using hardware that mimics a cable box, delivering potentially dozens of channels to subscribers without giving a cut to the cable company.

[flv]http://www.phillipdampier.com/video/Skyangel IPTV.flv[/flv]

SkyAngel used to deliver its lineup of Christian television channels over satellite, but switched to an IPTV platform in 2007.  This video explains how the service works.  (3 minutes)

TV Everywhere allows Time Warner Cable to control who has access to cable programming, restricting it only to those who haven’t cut cable’s cord.

Time Warner Cable’s solution for IPTV competition is to bring those services under TWC’s own menu of offerings.

One example in KyLin TV, a multi-channel Chinese language IPTV service.  Today, customers pay KyLin TV for service they watch over Road Runner’s network.  But Time Warner Cable could potentially get a piece of the action if it moved KyLin TV into its own IPTV package.

Manchester says TWC would like to be able to make such IPTV programming services an extension of the TWC offering.

Despite some earlier assertions made by company officials that DOCSIS 3 upgrades were designed to improve broadband service for Time Warner Cable customers, it turns out DOCSIS 3 is the foundation for the cable company’s future IPTV and “big pipe” platform.  Manchester says DOCSIS 3 will enable the company to service the wired home of the future.  It will deliver content to an edge device (such as an advanced router) with a hard drive and caching capacity that will link to home computers, MP3 players, or any other device on which consumers want to view content.

Before: Auernheimer waves a gun while delivering a “sermon” on his iProphet Blip.tv channel

AT&T’s iPad security breach saga turned into an episode of COPS and the X-Files yesterday with the arrest of a key member of the group that exposed the security flaw.

Andrew Auernheimer, 24, a key member of Goatse Security, was arrested Tuesday after Fayetteville (Ark.) police uncovered drugs while executing a search warrant in his home.  Auernheimer was charged with four felony counts of drug possession and one misdemeanor charge for prescription medication inappropriately in his possession.  Police found cocaine, ecstasy, and LSD, along with controlled substance-designated prescription medication. The authorities generally take the drug addicts and dealers to rehab centers like mission viejo rehab, to make sure they’re not under the influence of drugs at the time of investigation.

Auernheimer is a key figure in Goatse Security’s revelation of a security flaw in AT&T’s systems that allowed more than one hundred thousand e-mail addresses of iPad owners to be disclosed.

He remains in the Washington County Detention Center pending a bail hearing this afternoon.

His arrest came days after AT&T officials said they would pursue prosecution of the hacking group to the fullest extent of the law.  The FBI is reportedly involved in an investigation over the security breach.

Auernheimer is a controversial figure.  The self-styled “prophet” records anti-Semitic video sermons for his iProphet channel on Blip.tv.  A quick and mind-numbing review of the contents included “revelations,” perhaps drug-fueled, that the Jews represent vermin, Christians should be armed, everyone needs to use mescaline, and a consideration of the essential need to obtain temporary tattoos of dogs named Rocket.  On one of his more recent videos, Auernheimer announced he was “fleeing” the Los Angeles area due to “attacks by the Jews.”

After: Auernheimer is now a guest at the Washington County (Ark.) Detention Center, charged with drug offenses

Ironically, one year ago this month, Auernheimer was detained by Portland FBI officials and questioned about threatening phone messages left on the voicemail of Congregation Beth Israel in Portland, Oregon on the night of June 16, 2009.

Before uncovering AT&T’s security lapses, Auernheimer’s online aliases —  “Escher” and “Weev,” made appearances in the media, especially in an August 2008 piece in the NY Times, “The Trolls Among Us.”

Meanwhile, speculation about how AT&T allowed an obvious security flaw to remain open is now narrowing in on recent company layoffs.

Gawker reports AT&T slashed up to 200 employees in its Security Office in March, nearly 20 percent of its staff.  The group kept its layoffs quiet, Gawker’s tipster said, to avoid damaging the image of deep security expertise its sells to businesses.

That a company as profitable as AT&T was willing to slash employees willy-nilly was a point of confusion for Gawker:

The layoffs seem puzzling given that AT&T had just posted profits up 25 percent to $3.1 billion. The profits rose on strong performance in the wireless division, whose association with the iPhone helped it surpass Verizon Wireless in new customer additions. The wireless division continued to add customers and revenue the next quarter, even as a health care charge ate into its profits.

Simple greed could be one explanation. Our source was told upper management intentionally cut CSO payroll and accepted “greater risk in operations” to fatten up company profits and even their own bonuses.

But even more problems cropped up at AT&T when an untested ordering system crashed when customers tried to reserve the latest iPhone.  CNET covered that story:

As the iPhone 4 preorder disaster worsens by the minute, the blame looks to fall squarely on AT&T’s shoulders as we learn more about what went wrong. The most damaging of these may be an source close to the carrier which now claims the system which AT&T was not tested before the launch.

The source works at a third party facility that processes the orders for AT&T. Apparently, the reports of users being able to login to others accounts even though they were attempting to log into their own could be related to a botched update on AT&T’s side related to fraud.