A surprise announcement from the U.S. Supreme Court that it will hear an appeal brought by Comcast Corporation in a class action lawsuit brought on behalf of Philadelphia consumers, despite a pending settlement, may mean the Supreme Court is on the verge of issuing another business-friendly ruling that will make class action cases more difficult to file.

Comcast had reached a tentative settlement in June with lawyers who brought a $875 million class-action lawsuit on behalf of Philadelphia area cable subscribers. The antitrust case, originally filed in 2003, accused Comcast of strategically swapping or acquiring cable systems owned by Marcus Cable, Greater Philadelphia Cablevision, Inc., Lenfest Communications, Inc., AT&T, Adelphia Communications Corp., Time Warner, and Patriot Media in and around Philadelphia for the purpose of creating a super-sized Comcast cable system that could deter competitors from entering the market and allow Comcast to charge higher prices for service.

RCN Telecom Services originally intended to compete for cable customers in the Philadelphia region, but found it could not break into the market because Comcast allegedly hired as many available technicians it could find and tied them down with exclusive contracts. RCN also claimed Comcast targeted potential customers with special, allegedly below-cost deals to retain their business. RCN later filed for bankruptcy.

“Stated bluntly, Comcast and other large cable operators have demonstrated both the inclination and the wherewithal to use their market power to crush broadband competition in their local markets whenever it has the audacity to appear,” RCN alleged.

In 2002, RCN went public with a series of allegations:

Comcast intimidates independent construction and installation contractors. Comcast prevented or tried to prevent about 15 Philadelphia-area contractors from doing business with RCN through “non-compete” clauses, RCN alleged. The company provided specific names of contractors and Comcast personnel in sealed documents.

Those practices dated at least to the late 1990s, when Comcast acquired Suburban Cable, RCN said. Both Suburban and Comcast went “to extraordinary lengths to document ‘violations’ and intimidate contractors who were thought to be in contact with, or working for, RCN,” RCN said.

RCN cited instances of Suburban Cable employees, many of whom later worked for Comcast, allegedly following contractors in their trucks and taking photographs to document contractors seen at an RCN office or work site. These photographs then became “evidence,” RCN said, to support contractors’ termination.

As for predatory pricing, RCN claimed that before its entry into Folcroft in 2000, Comcast allegedly established a sales “swat team” instructed to sign up customers for 18-month contracts in exchange for cheaper cable services.

The plaintiffs’ attorneys want subscribers to receive refunds representing the savings they would have enjoyed had a competitor successfully forced prices down.

Comcast and the plaintiffs’ counsel reached a tentative settlement in June after both sides learned the lawsuit would proceed to trial this September. But in a surprise announcement, the U.S. Supreme Court suddenly decided to step in and hear an appeal filed by Comcast. Comcast immediately declared the settlement incomplete and has now declined to proceed with it, believing it has a more favorable outcome waiting at the Supreme Court.

Kenneth A. Jacobson, a professor at Temple University’s law school, told the Philadelphia Inquirer the Supreme Court does not typically decide to hear a case “during the settlement negotiation and approval process.”

Other Supreme Court watchers suspect the Court’s sudden involvement in the case means it is likely to issue a precedent-setting decision, more likely than not in Comcast’s favor, that will be talked about in law journals for the next decade.

Comcast Center in downtown Philadelphia

The specific point of Comcast’s appeal that interests the Supreme Court has to do with how a class action case certifies damages to the court hearing the case. The Supreme Court agreed to hear the case based on, “whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.

Currently, courts insist that the burden of proof for damages lies with the plaintiff, but they are not necessarily required to demonstrate the actual individual damages suffered by each member of a proposed class action. Many judges accept the concept of fixed group damages based on a composite of an average proposed class member. That amount gets multiplied by the number of members in the certified class action to arrive at the total requested damages. Typically, both sides negotiate a final settlement, deduct attorney fees and costs, and then class members typically get a change in a company’s policies, coupons good for a future purchase or an actual refund in the mail.

The Supreme Court may find that concept inadequate, and insist on a detailed analysis of actual harm done to each proposed class member — a high and potentially expensive hurdle to cross for many class action cases. Legal analysts suggest the intended effect of such a decision would be to further deter class action lawsuits against companies, because the costs and complexities involved would increasingly not be justified.

In the Comcast case, the cable company wanted the court to dismiss the case, and for some very novel reasons:

1. Since Comcast effectively kept competing “overbuilding” cable systems out of Philadelphia, there is no evidence of any theoretical competition benefits such as reduced prices;
2. Since no competitor actually got their service up and running in Philadelphia, Comcast argues there was no competition to eliminate;
3. RCN, in Comcast’s view, was never actually going to start service in Philadelphia because of their own financial woes;
4. Without actual competition in Philadelphia, there is no basis for any expert witness hired by the plaintiff to credibly estimate damages;
5. Even if Comcast was engaged in anti-competitive behavior in Delaware County, that cannot be used by plaintiffs to serve as evidence of class-wide impact for the entire multi-county Philadelphia Comcast cluster.

Over the past few years, the Court has ruled in favor of corporations trying to compel less-costly legal avenues — like mandatory arbitration — for consumers who feel harmed by a company’s actions.

Sprint has launched a new ad series and accompanying web site to warn consumers that choosing Verizon’s new Share Everything data plans can give you a big headache and a higher monthly bill.

“The concept of sharing a monthly data allowance across a family or group of users increases the likelihood for a surprise monthly bill due to data overage charges,” said Caralene Robinson, vice president of brand strategy and marketing communications for Sprint. “Data usage continues to increase and consumers value Truly Unlimited data because it’s simple and straightforward.”

Sprint argues that customers have enough trouble differentiating the usage of the applications they run themselves. When sharing a data plan with other members of a family, it can quickly become impossible to know exactly who is consuming what. That makes it easy to exceed a monthly usage allowance, which results in costly overlimit fees. Tracking usage and the inevitable arguments that will result at the dinner table make Verizon’s new share plans a real headache in Sprint’s view.

Sprint proposes that customers switch to their Truly Unlimited data plan, which has no limits and also costs less than Verizon’s shared data plan. Sprint also continues to sell budget plans that offer a calling allowance in return for a reduced price. Verizon now only sells unlimited voice minutes bundled into their Share Everything plans.

Unlike most carriers who boast customers can send millions of e-mails or visit hundreds of thousands of web pages with a low allowance data plan, Sprint explains what a 1GB limit really means when customers use increasingly popular streaming services and apps. It turns out Verizon’s 1GB allowance plan does not deliver that much.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Sprint Say No to Sharing – Family Meeting.flv[/flv]

Sprint launches its “Say No To Sharing” and “Say Yes To Sprint” campaign with this “Family Meeting” ad, which shows a family debating how to divide up their shared data plan and avoid overlimit fees.  (1 minute)

A homeless man’s mattress fire under a bridge in Massachusetts was enough to create the biggest telecommunications disaster for Verizon since the terrorist attacks of 9/11. The fire melted fiber and damaged copper cables that represented the backbone of Verizon’s landline network in the region, disrupting phone, cable, and broadband service for thousands of Verizon’s customers in northeastern Massachusetts in late August. Now that service has been restored, the damages from the outage and its ripple effects are still being calculated as questions are being raised about how the company handles its communications network.

The damage went far beyond an inconvenience for Verizon customers:

• Area businesses were ripe for plundering with Verizon-dependent alarm systems out of service;
• Cell towers went down if they were connected by Verizon’s fiber optic network;
• Local law enforcement communication systems ceased to function in areas where Verizon provided the vital link between the dispatch center and transmitting facilities miles away;
• Banks and other local businesses closed down because Verizon-based connectivity was inoperable. That left ATMs throughout the region out of service and credit card transactions often impossible to manage;
• 911 systems in several communities had to transfer emergency calls to other 911 centers miles away;
• Even the Registry of Motor Vehicles locked their doors and shut down while the outage persisted over several days.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/NECN Verizon telecommunications outage causes problems 8-31-12.flv[/flv]
NECN News reports on Verizon’s enormous Massachusetts service outage and how it impacted the lives of affected customers. (3 minutes)

Verizon’s landline network ultimately failed its Massachusetts customers on a scale the company admits it has not seen in a long time.

“It’s the biggest problem we’ve faced, nationally, other than 9-11,” Bill Wilson, area manager for Verizon, told the Eagle-Tribune. “This is the biggest problem we’ve had in 20 years.”

At the heart of the problem is Verizon’s lack of redundancy in its landline network. With fiber optic cables managing a larger share of broadband traffic, phone calls, and even Verizon’s television service, the loss of even a single fiber cable can disrupt service for hundreds or thousands of customers, many more than would be affected by a damaged copper cable.

State Sen. Barry Finegold (D-Andover) is questioning Verizon’s decision not to have a backup plan in place.

“So if there’s a fire there’s a redundant system in place so if one fails there’s another to back it up,” Finegold said.

Customers, particular those working from home, wholeheartedly agreed.

“I am appalled,” Shela Horvitz, a Verizon FIOS customer who lost her phone, Internet and TV service for days as a result of the fire, told the newspaper. “Can you say, ‘Single Point of Failure?’”

[flv width=”640″ height=”380”]http://www.phillipdampier.com/video/Eagle Tribune Verizon Talks to Media About Outage 9-2-12.flv[/flv]

Verizon officials show reporters what the fire did to their network and how they are going to restore service after a fire on Lawrence Central Bridge caused mass outages in the region. From the Eagle-Tribune. (4 minutes)

Verizon blames the entire affair on homeless people, who they say should not have been sleeping on top of their wires. The idea of network redundancy for Verizon’s landline network? “Cost prohibitive,” say company officials.

Joseph Zukowski, vice president for government affairs for the phone company, said the problem was so rare, it was comparable to a 100-year storm. He compared the outage with a natural disaster.

“We have extensive security measures to make the network as secure as possible,” Zukowski said. “We restrict building access and access to our cables. Nowhere on the list is a homeless guy lighting a match on a mattress. We’re not laying blame, but the best thing would have been not to have the tent city there.”

Local police acknowledge the bridge where the cables cross the Merrimack River is a popular spot for the local homeless to congregate, and they have attempted to control the problem. But nobody ever told them Verizon’s vital regional communications network infrastructure was at ground zero of the mattress fire.

“Going forward, if the stuff that’s there is so important, it really needs to be secured so nobody can get access to it,” said police chief John Romero.

Verizon has promised refunds for all affected customers.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Verizon Lawrence MA Bridge Fire Verizon Restoration 2012 9-1-12.flv[/flv]

A Verizon-produced video illustrates how the company is repairing its damaged network. The heat from the fire on August 27th melted and fused both fiber and copper cables, and the protective casings that house the cables.

Verizon: “The work to restore service is complex, given that technicians are splicing thousands of individual copper and fiber-optic connections in a very confined area under the bridge. The conduit structure that holds the cables, which was protected by a metal cage, was destroyed and needs to be replaced. Verizon crews have been working in 24-hour shifts since the fire to restore service for customers and will continue to do so until every customer is back in service.”  (2 minutes)

Country Cablevision, a small cable operator providing service in the heart of the Blue Ridge Mountains in rural northwestern North Carolina, will deploy fiber to the home service to Mitchell and Yancey counties, home to more than 33,000 people, thanks to $25.3 million (75% grant/25% loan) from the U.S. Department of Agriculture’s Rural Utilities Service.

The money is intended to fund broadband expansion in areas currently not served by the cable operator. When the project is complete in 2013, 97% of all homes in both counties will have access to the fiber network. Faster Internet speeds and competitive phone service will also be available to area businesses, and medical facilities in both counties will enjoy improved high speed connectivity.

Country Cablevision is one of the first cable operators in the country choosing to upgrade to an all-fiber network instead of extending its current, traditional cable infrastructure into currently unwired areas.

Modern utilities came to rural America through some of the most successful government initiatives in American history, carried out through the United States Department of Agriculture (USDA) working with rural cooperatives, nonprofit associations, public bodies, and for-profit utilities. Today, USDA Rural Development Utilities Programs carries on this tradition helping rural utilities expand and keep their technology up to date, helping establish new and vital services such as distance learning and telemedicine.