CenturyLink wants to repeal a 1993 Idaho rule that requires phone companies to repair service outages within 24 hours or provide one month of service for customers at no charge.

The phone company is lobbying the state Public Utilities Commission to be exempted from the rule that its predecessor Qwest/US West lived under for nearly 20 years. (CenturyLink acquired Qwest.)

CenturyLink says consumers no longer need their phone lines repaired in such a short time, and the company says the rule in hurting their business.

A "temporary" phone cable installed along the top of a wire fence.

“Today, a substantial majority of basic local service customers are not cut off from communication and are not out-of-service in the event their wireline telephone is not working,” the company argued.

Besides, CenturyLink claims, wireless providers are not subject to the same rule, giving them an unfair competitive advantage.

CenturyLink already has a repair exemption for customers who experience service outages due to a natural disaster, during the weekend, or one caused by the customer’s own actions. But now the company wants more, telling the commission most people will simply switch to cell phones while their landline remains out of service.

Despite the apparent contradiction that delivering reduced service is better for consumers, the PUC has been negotiating a compromise, offering to eliminate the service credit requirement and extend the window for repairs to 48 hours.

Before they do, they might want to review CenturyLink’s performance in Arizona, where the company has been caught installing repaired phone lines in pavement cracks and atop public roadways.

The PUC staff questioned claims made by both CenturyLink and Frontier Communications, another phone company that supports the repeal of the repair rules.

“CenturyLink argues that a large percentage of customers now have access to wireless and broadband voice services,” the staff report says. “For CenturyLink’s legacy Qwest customers located in urban areas, this may be true. It may not be true for customers in the very rual parts of CenturyLink’s service territory. When wireline service fails, few, if any, alternative communication services are available in some rural areas.”

The PUC staff also argued the impact on small business in Idaho could be significant. Small businesses still rely overwhelmingly on traditional landline services to conduct business and process credit card payments. Prolonged outages could create significant economic harm for affected customers.

The commission is taking comments on the proposed settlement of Case # CEN-T-12-01 through May 31.

A bizarre allegation (and theft-of-service complaint filed with local police) that a Voice Over IP service provider was “stealing” access to its fiber network has triggered the nation’s first formal Net Neutrality complaint under new Federal Communications Commission rules.

The complaint was triggered after Albany (Ga.)’s Water, Gas, and Light Commission (WG&L) filed a report with Dougherty County Police accusing L2Networks of accessing its municipal fiber network without paying.

If the FCC finds the city was correct asserting its claims of theft of service, other broadband providers could begin assessing additional fees for consumers who wish to access Google, Facebook, and Netflix, according the VoIP provider.

The case could create an “irreversible ripple effect along with the creation of various legal challenges across nearly every national content and application provider,” L2Networks CEO Kraig Beahn said in a press release. “We are deeply concerned that the alleged claim could potentially change the landscape of the national Internet marketplace as residential and commercial consumers see it today.”

Beahn's booking photo

In the view of L2Networks, the incident represents a direct and indisputable violation of the Federal Communications Commission’s Net Neutrality policies, which forbids providers from blocking service or selectively charging competitors additional fees to reach customers.

But details about the background of the complaint remain murky and a series of past disputes between Beahn and other telecommunications companies in Albany may require further exploration by federal officials investigating the complaint.

L2Networks is a small Albany-based telecommunications company that provides service to area businesses. L2Networks CEO Kraig Beahn is, however, well-known to both WG&L and local cable operator Mediacom, both of which have previously raised questions about his business practices.

L2 counters WG&L has made life increasingly difficult for the company since the two entities had a falling out in 2011.  That year, WG&L dumped L2 from its plans to deliver a competitive cable television service for Albany residents after the utility’s general manager accused Beahn of not fulfilling the promises he made with WG&L.

In January 2012, Beahn was arrested and charged with felony theft of service after Mediacom discovered an illegal tap on their cable line, which investigators learned was being used to provide Internet and phone service to L2 customer Adtran Logistics. Beahn called the charges “frivolous” and were part of an ongoing dispute with WG&L.

Mediacom vice president of legal and public affairs Tom Larsen noted the company did learn about the suspicious connection from the local utility.

“When our local team went to investigate, they discovered a Mediacom modem connected to two car batteries that was wired into our cable plant and being used [allegedly by L2] to serve a nearby business,” Larsen said.

Wi-Fi access is about to become a lot more ubiquitous if you happen to buy broadband from Comcast, Time Warner Cable, Cablevision, Bright House Networks, or Cox.  All five companies on Monday announced they will open up their free Wi-Fi hotspots to customers of any of these companies nationwide.

The collaborative agreement extends the authentication platforms cable operators use to verify customer accounts when granting access to services like TV Everywhere — the online video streaming services operated by pay television providers. By sharing basic account information, customers traveling outside of their home cable service area can “roam” on free Wi-Fi networks operated by the other providers.

For example, a Cablevision subscriber who lives on Long Island will be able to access Bright House Networks’ Wi-Fi in central Florida or Time Warner Cable’s growing wireless network in Los Angeles.

The cable industry calls it a back door entry into mobile data, and unlike its existing partnership with Clearwire for WiMAX 4G service, Wi-Fi hotspots are available at no additional charge.

“We believe that Wi-Fi is a superior approach to mobile data,” said Kristin Dolan, head of projects at Cablevision. “Cable providers are best positioned to build the highest-capacity national network offering customers fast and reliable Internet connections when away from their home or business broadband service.”

More than 50,000 Wi-Fi hotspots are to be included in the project, all unified under the name “CableWiFi.”

Eventually, the companies hope to unveil automatic log-ins on the network, regardless of where customers access it.

The industry is aggressively expanding Wi-Fi services to give subscribers another reason to stick with their local cable company. Some may require customers to maintain both a cable-TV subscription and broadband to qualify for the service, others will only require a current broadband account. The free add-on may also make subscribers think twice about canceling service if it means losing access.

Comcast, Cablevision, and Time Warner Cable already have a deal in place to share their networks in southwestern Connecticut, New York City, parts of New Jersey and Philadelphia.

Cable operators will target high-traffic areas for Wi-Fi expansion — especially public parks, beaches, malls, eateries, stadiums and convention centers.  Don’t expect cable Wi-Fi to be common in residential neighborhoods, and users will have to temper their expectations. Most provide access suitable for web browsing and e-mail, but often have trouble keeping up with streaming video and other high bandwidth services.

Verizon has a moratorium on further expansion of its fiber to the home service except in areas where it has existing agreements to deliver service.

Virtually every mayor in the urban centers of upstate New York is accusing Verizon Communications of redlining poor and minority communities when deciding where to provide its fiber-to-the-home service FiOS.

Now they are telling the Federal Communications Commission and Department of Justice to become more closely involved in reviewing a proposed anti-competitive marketing partnership between the phone company and some of the nation’s largest cable operators.

The mayors are upset that Verizon has chosen to target its limited FiOS network primarily on affluent suburbs surrounding upstate New York city centers.

“Verizon has not built its all-fiber FiOS network in any of our densely-populated cities. Not in Albany, Buffalo, Syracuse, Binghamton, Kingston, Elmira or Troy,” the mayors say. “Yet, Verizon has expanded its FiOS network to the suburbs ringing Buffalo, Albany, Troy, and Syracuse, as well as many places in the Hudson Valley, and most of downstate New York. As a result, the residents and businesses in our cities are disadvantaged relative to their more affluent suburban neighbors who have access to Verizon’s FiOS, providing competitive choice in high-speed broadband and video services.”

The mayors fear the reduced competition that will come from the marketing partnership between the phone and cable industry will eliminate any pressure on Verizon to expand its fiber optic network into more New York cities. The agreement allows Verizon Wireless customers to received significant bundled discounts when they sign up for cell phone service and a cable package from Comcast, Time Warner Cable, Cox, or Bright House Networks. No corresponding discount is available to a Verizon Wireless customer choosing to bundle Verizon FiOS, putting the fiber service at a competitive disadvantage.

“These commercial agreements appear to eliminate any incentive that Verizon might have had to expand its all-fiber network to our high-density urban centers,” the mayors say. “After all, Verizon Wireless, a subsidiary of Verizon Communications, will now be able to sell Time Warner’s video and broadband service as part of their bundled package in our communities.”

That leaves most with Verizon’s DSL service, a product Verizon has been marketing less and less to its customers. The company recently announced it would no longer sell standalone DSL broadband, another point of contention for the mayors.

The mayors are concerned that Verizon’s deteriorating landline network will have profound implications for city centers, where tele-medicine, education, business, and entertainment services will all be left lacking if the fiber network is not extended.

“As you are well aware, high-speed broadband is critical to economic development and job creation, as well as improvements in health care, education, public safety, and civic discourse which is so essential to communal life,” say the mayors. “The economic health of our cities and our upstate region depends upon access to the same first-rate communications infrastructure available to the New York City metropolitan region and the suburban communities that ring our cities.”

The nine mayors are also questioning whether Verizon executives misled them when they claimed Verizon’s strong financial performance would allow the company to reinvest profits into further expansion of its FiOS network. Verizon executives have since admitted the company is indefinitely finished with FiOS expansion, except in areas where it already committed to build the fiber network.

Signing the letter were:

• Byron W. Brown – Mayor, City of Buffalo
• Stephanie A. Miner – Mayor, City of Syracuse
• Gerald D. Jennings – Mayor, City of Albany
• Matthew T. Ryan – Mayor, City of Binghamton
• Shayne R. Gallo – Mayor, City of Kingston
• Susan Skidmore – Mayor, City of Elmira
• Brian Tobin – Mayor, City of Cortland
• Robert Palmieri – Mayor, City of Utica
• Lou Rosamilla – Mayor, City of Troy

(The city of Rochester is served by Frontier Communications, which has no plans to deliver a fiber to the home network within its local service area.)

The southern tier city of Elmira, N.Y. is not too happy with Time Warner Cable’s lock on the local cable market.

“There’s no competition so their prices continue to go up, their offers continue to go down, and the people here with no other competition are just paying and paying and paying,” Elmira mayor Sue Skidmore told WETM News.

Skidmore and the city council intend to hold public hearings on the cable operator’s franchise renewal before they attempt to negotiate the next 10-year agreement with the cable company.

“This gives the public an opportunity to come and say anything good or bad pertaining to the cable franchise,” said city manager John Burin. The public meeting is scheduled for 7pm, June 4, on the second floor of Elmira City Hall.

Skidmore

The city’s ability to press Time Warner Cable for lower rates or service changes are extremely limited, however. Wholesale deregulation of the cable television industry has allowed most cable operators to manage their systems as they see fit, with no obligation to accept the recommendations of local government.

This fact of life was underscored when Time Warner mailed its own vision of what a renewal agreement with the city should look like, prior to any public discussion.

The city’s lawyer, John Ryan Jr., told the Ithaca Journal the company deleted several provisions in the proposed renewal agreement that are part of the current agreement. Ryan intends to speak with the operator about those changes, and wants to see changes in the city’s favor.

In most franchise renewal agreements, the only leverage a city typically has is to threaten not to renew a cable franchise. That is a very rare occurrence, however, because it is exceptionally rare for another major cable provider to agree to service a city that cancels a franchise renewal with another company. In the end, most renewal agreements come down to handshake agreements to correct any long-standing service issues, agree to wire certain unserved areas, and negotiate over public, educational, and government access channels and franchise fees payable to the city.

The local telephone company, Verizon Communications, has no plans to provide its FiOS fiber optic service in the city, leaving customers with the competitive option of landline phone service, DSL, and a contract with Verizon’s satellite TV partner, DirecTV.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WETM Elmira City Of Elmira To Negotiate With Time Warner Cable 5-21-12.mp4[/flv]

WETM in Elmira reports city officials are preparing for franchise renewal discussions with Time Warner Cable. The cable company is already on that, preemptively sending the city a franchise renewal agreement it wrote itself. (1 minute)