Game Over: LightSquared Declares Bankruptcy; The Spectacular Fall of Phil Falcone

Phillip Dampier May 14, 2012 LightSquared, Public Policy & Gov't, Wireless Broadband Comments Off on Game Over: LightSquared Declares Bankruptcy; The Spectacular Fall of Phil Falcone

Failure, Squared

LightSquared, Inc. filed for bankruptcy this afternoon after its plan to deliver high-speed wireless broadband nationwide was blocked by federal regulators over interference issues.

LightSquared was a pet project of billionaire hedge fund manager Phil Falcone, who earned his money pitching George Foreman grills and betting against sub-prime mortgages. Falcone invested billions in the satellite Internet venture, despite knowing the wireless technology had run into controversy with nearby satellite spectrum users who claimed it interfered with GPS reception.

Starting in 2010, Falcone convinced the FCC to approve his purchase of SkyTerra Communications, on the condition he construct a nationwide wireless broadband platform that could serve up to 260 million Americans. His hedge fund, Harbinger Capital Partners, spent $3 billion to gain control of 74 percent of the fledgling LightSquared project, despite Falcone’s knowledge the technology would potentially interfere with adjacent spectrum users. But Falcone dismissed those concerns, believing the interference problem was actually the fault of GPS technology that encroached on his spectrum or receivers that were not properly constructed to reject adjacent channel interference.

Falcone

Falcone’s steadfast belief in LightSquared, and the enormous financial backing he gave it, flew in the face of network engineers who reviewed the technology startup.

DirecTV was one company interested in the potential of LightSquared’s wireless satellite broadband back in 2004, but quickly backed away when even tentative tests flashed red lights of caution for DirecTV executives.

“A young engineer we had went and tested it and said, ‘It conflicts with GPS, it will never work.’ So we backed away immediately,” CEO Michael White told Business Week.

Falcone assumed any problems could be smoothed over with the federal government, White added.

With sufficient lobbying money and inside D.C. influence, he might have even overcome the alliance of GPS users that formed to fight the venture.  But in the public debate that followed, the GPS community eventually proved their case and the FCC put the project’s approval on hold. Now some parties involved in the LightSquared debacle are wondering if things might have gone better had the company been more sensitive to those GPS users and had found a way to overcome the interference problems.

Ultimately, the FCC delivered the death blow issuing an eventual revocation of the company’s license to operate its broadband system as presently designed.

Most of the group’s working partners have fled the LightSquared project, Harbinger has seen the biggest drop in assets in industry history — losing $23 billion from direct losses and client withdrawals, and billionaire Falcone is even accused of allegedly stiffing the contractor working on his Long Island home at least $1.2 million, according to a lien filed in Suffolk County.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bloomberg The Fall of Phil Falcone 4-16-12.flv[/flv]

Fabio Savoldelli, a finance professor at Columbia University, talks about Harbinger Capital Partners’ Phil Falcone and his investment in wireless broadband startup LightSquared Inc. It has been rough sailing for Falcone ever since he turned the project into a major priority for himself and his investors. Savoldelli shares how it all went wrong with Bloomberg News.  (8 minutes)

Eroding Smartphone Subsidies: Carriers Increasingly Adopt Customer-Unfriendly Upgrades

Your contract with Sprint ends in June, but why wait, beckons the cell phone company, when you can upgrade your phone today (with a new two-year service agreement).

Two years earlier, providers wheeled and dealed upgrade-reluctant customers, particularly those considering their first smartphone, thanks to the bill shock that results when customers see a $30 mandatory data plan added to their monthly bill.  Sprint went one step further, handing 4G-capable customers Clearwire WiMAX — a technology even Russian cell phone companies can’t wait to abandon — and added a $10 premium data surcharge for the privilege.

In Sprint’s favor: their willingness to deal discounts on phone upgrades and their truly unlimited data plans. But while Sprint continues to bank on unlimited data, the bill on cheap phone upgrades may now be coming due.

The American wireless industry is increasingly taking a page from the airlines, adopting irritating fees and surcharges while curtailing the perks and rewards that used to come with customer loyalty and family plans that routinely run into the hundreds of dollars.

Equipment Upgrade Fees

Sprint, Verizon, AT&T, and T-Mobile all have a nasty surprise in store for customers who have not upgraded their smartphones in the last year or so: the equipment upgrade fee.  Sprint and AT&T both charge $36 per phone, Verizon Wireless now charges $30, T-Mobile $18.

Verizon customers are especially peeved because that wireless company used to reward loyal customers with a $50 credit off any new phone at contract renewal time. Today, instead of getting “New Every Two” discounts, Big Red will charge you $30 for every new phone when you renew your contract.

Verizon’s excuse is that the new fee will be used to offer customer “wireless workshops” and “online educational tools,” according to Verizon spokeswoman Brenda Rayney. The company also claims the fees will cover more sophisticated consultations with “company experts” that are trained to provide advice and guidance on today’s sophisticated smartphones. In other words, these fees are supposed to compensate Verizon’s store and kiosk employees.

For people like my cousin, upgrading to a new Sprint phone at contract renewal time is an exercise in frustration. In addition to the $149-199 subsidized equipment price, Sprint now tacks on a $36 upgrade fee (per phone).  What miffs him is that Sprint is treating new customers better than existing ones, willing to waive one-time activation fees (coincidentally the same $36) for new customers, but steadfastly refusing to credit equipment upgrade fees for existing loyal customers.

Sprint will tell you they are not alone charging upgrade fees, and they would be right. All four major national carriers now charge the fees, effectively a penalty when customers decide to upgrade their phones.

Many also find it nearly impossible to get companies like Verizon Wireless to waive the fees, even when some of their best customers ask.

“Verizon Wireless was willing to throw away my 12 year account, earning them more than $500 a month in revenue, over the upgrade fee issue,” reports Stan Dershau. “Our contract expired this month and it was time for new phones, and Verizon absolutely insisted that we pay $150 in upgrade fees for new equipment on our account, even after the $600 they’ll collect from the smartphones we intended to buy.”

Dershau found absolutely nobody willing to relent on Verizon’s upgrade fees. Even supervisors told him the company has a no-waiver policy that is strictly enforced, and they could do little more than offer a token service credit even if Dershau threatened to take his business somewhere else.

“I haven’t decided what to do yet, but I canceled my upgrade plans for now,” he reports.

Dershau was always able to get Verizon to waive earlier fees because of the monthly business he brings them, but those days are over.

“It’s a whole different attitude with them now,” Dershau says. “They just want money.”

AT&T's fine print.

Ben Popken recently wrote about his efforts to avoid Verizon’s $30 upgrade fee, with mixed results.

Verizon’s suggested solution is to sell your old phones back to the company through their trade-in program, using the money to offset the equipment upgrade fee. But unless you own an iPhone, Verizon’s trade-in offers are strictly low-ball, often under $30 on non-Apple phones. That leaves you with a slightly lower upgrade fee and the loss of your old phone, which Verizon may recycle or resell refurbished to someone else.

Popken explains he found one convoluted way around Verizon’s fees:

First, start a new line of service with the new phone you want. Then, port your old phone number to a 3rd party service, like Google Voice (here’s a guide from Lifehacker on doing so). Lastly, cancel the line with the old phone and port the old phone number back onto the new phone, thus keeping the new phone, the old number, and dodging the fee. But there’s a catch. It only works if you wait three months to port the number back. If you do it before then, Verizon’s system treats it like you’re continuing the same service, and they hit you with the $30 upgrade fee. Curses.

Popken forgets, however, that Google itself charges a $20 fee to port cell phone numbers to Google Voice, eliminating 2/3rds of your potential savings.

In fact, outside of purchasing a phone at the full, unsubsidized price from a third party, Verizon’s $30 fee will be visiting your phone bill sooner or later, if you decide to upgrade.

The Phone Subsidy: Slaying North America’s Sacred Cow Wireless Business Model

Consumers who crave the newest smartphones should thank their lucky stars they live in Canada or the United States, where the wireless industry heavily discounts the upfront cost of the phone when customers sign a service contract. But phone companies like AT&T and Verizon are not giving you a gift. In return for fronting a discount of as much as $400, companies set their monthly rates higher to recoup that subsidy over the life of your two-year contract.

That worked fine when cell phone companies only paid a few hundred dollars for basic phones. But today’s most popular smartphones can cost companies $400 each, and that upfront revenue hit has annoyed Wall Street for years. Even worse, while providers hand you a discounted phone, they’ve already paid the asking price to companies like Apple and Samsung, who book that revenue immediately and never have to worry about a customer skipping out on their contract.

Wall Street has been putting pressure on companies to do something about the expensive phone subsidies, and companies are responding. The equipment upgrade fee, increased activation fees, and rising monthly service charges are all a part of a greater plan to discourage customers from upgrading their phones and increase profits.

Wall Street analysts love every part of it, especially if companies can do away with equipment subsidies -and- maintain today’s pricing:

“Optimism has increased that we are witnessing the leading edge of a more disciplined, and more profitable, future,” Craig Moffett, a telecom analyst at Bernstein Research, wrote in a recent research note. The question now, he wrote, is how much carriers can increase their profits thanks to “increased discipline and pricing power.”

The answer could be quite a lot. A marketplace experiment in Spain is being closely watched by wireless phone companies worldwide and could be coming to Canada and the United States before your next two-year contract is up for renewal.

In March, Telefónica SA, Spain’s largest cell phone company, stopped subsidizing smartphones for new customers. Vodafone, which co-owns Verizon Wireless, quickly followed.

As a result, Spanish customers looking for an iPhone will now pay $800 to purchase the phone at full price, or they can sign up for an “installment plan” that will add $45 a month to their cell phone bill for the next 18 months. Both companies say the new policy won’t apply to existing customers, in an effort to discourage them from switching companies.

Telefónica anticipates the changes will slash as least 25% off of their spending. Instead of fronting subsidies to attract new customers, the phone company will increase subsidies for existing customers who agree to stay. Unfortunately for Telefónica, early results are not promising. More than 500,000 customers left the same month the new policy was announced.

A handful of smaller Spanish players see the move by both major companies as a competitive opportunity to win over new customers. Orange, for example, has not stopped offering subsidies and as a result Telefónica has lost potential new customers who signed with Orange instead. The “churn rate” of customers coming and going remains a concern for company executives. But so far, Telefónica considers getting rid of phone subsidies more important than the customers they have forfeit over the new policy.

“We are pretty firm on our strategy of trying to change the paradigm of the sector, […] devoting the bulk of our efforts to our existing customers and, therefore, trying to move away from incentivizing churn of our customers either from us or from the others,” said company CEO Cesareo Alierta Izuel. “We are very firm on this new handset strategy. We need to fight to see if the trend is going to the right direction. And again, we think it is.”

The Wall Street Journal reports Telefónica’s bold plan has caught the attention of Verizon CEO Lowell McAdam, who sees it as a potential profit booster, and McAdam expects Verizon may cautiously follow the Spanish company’s lead.

“We’ll probably offer some things like that, and then we’ll see what the adoption is like,” McAdam said. “You can’t push this on customers before customers are ready for it.”

For now, some customers are not even ready for equipment upgrade fees. My cousin’s upgrade plans remain on hold for now, as are those of the Dershau family.

“I am not going to be browbeaten into paying these unjustified fees,” Dershau said. “Where does it stop?”

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/WSJ Dodging Verizon’s New 30 Upgrade Fee 5-9-12.flv[/flv]

Ben Popken talks about trying to avoid Verizon’s $30 equipment upgrade fee.  (3 minutes)

Thousands Getting Fake Verizon Wireless e-Bills; One of the Best Phishing Scams Yet

Phillip Dampier May 14, 2012 Consumer News, Verizon, Video Comments Off on Thousands Getting Fake Verizon Wireless e-Bills; One of the Best Phishing Scams Yet

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WCPO Cincinnati Thousands receiving fake Verizon bill 5-11-12.mp4[/flv]

Thousands of Verizon Wireless customers are getting phony e-Bills that claim to be from the wireless phone company, but in fact come from one of the most sophisticated phishing scams seen yet. The Better Business Bureau reports scores of complaints from across the country, with bills looking nearly identical to e-mails sent directly from Verizon Wireless.  Only the amounts have been changed — boosted in some cases to more than $1,200.  Unwitting customers who click on the e-mail link are invited to make payment arrangements with any major credit card, which ends up in the hands of the scammer. WCPO in Cincinnati reports this scam almost fooled some Verizon Wireless customers. If the scammer was a little less greedy, it might have worked. (2 minutes)

Vidéotron Secretly Filming Technicians on Fake Service Calls; Watch the Results

Phillip Dampier May 10, 2012 Canada, Consumer News, Video, Vidéotron 3 Comments

Vidéotron, Quebec’s largest cable operator, is secretly filming some of their technicians on fake service calls to verify they are providing professional service to the company’s customers.

But instead of keeping the results to themselves, the company is publishing the resulting videos to their website for customers to enjoy.

A total of 21 technicians were put to the test, and the company set up some outrageous challenges for them to overcome, starting with a single woman trying to convince her mother the technician was her boyfriend, with comical results.

While we are unlikely to see the Vidéotron technicians that failed the tests, the company has launched a publicity campaign to praise itself for excellent service.

“Our conscientious technicians are ambassadors for Vidéotron and its values,” said Manon Brouillette, president of consumer markets. “We are very proud of them. They have achieved an impressive 96% customer satisfaction rate and this campaign is a tip of the hat to their great work.”

Putting technicians to the test, especially those working for third-party subcontractors, might not be a bad idea for some U.S. cable companies to try, especially after some of those technicians were later arrested for sexual assault, theft, and other crimes.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Videotron – The technician trap.flv[/flv]

Watch Vidéotron’s first edition of its hidden camera trap for company technicians, when a single woman gets in over her head with a little white lie.  (2 minutes)

 

HughesNet Customers May Qualify for $5-40 Settlement in Class Action Case

Phillip Dampier May 10, 2012 HughesNet 5 Comments

HughesNet customers unjustly cut off from their Internet service for violating the company’s “Fair Access Policy,” or who paid an early termination fee when they realized satellite Internet was not for them may qualify for a settlement payment ranging from $5-40, or “tokens” that can provide a temporary free pass from the company’s usage caps as part of a class action lawsuit settlement.

Broadband Reports‘ readers who subscribe to the satellite provider first mentioned receipt of the settlement paperwork, which provides cash payments for ex-HughesNet customers who subscribed to any of the following Hughes Consumer Service Plans between May 15, 2005 – March 2, 2012:

Home, Pro, Pro Plus, Small Office, Business Internet, Elite, ElitePlus, ElitePremium, Basic, Power 150 and Power 200

Customers who canceled service are qualified to receive the cash payments. Those who paid an early termination fee prior to Dec. 6, 2010 will receive $40. Those who canceled as of March 2, 2012 and did not pay an early termination fee will receive $5. HughesNet also promised to implement a new sliding scale for their early termination fee. Each month you remain a customer under a service contract will reduce the amount of the fee by a proportional amount.

Current customers do not receive a cash settlement. Instead, they will be provided with a minimum of one “Restore token” per calendar month for the next 18 months. That may be nothing special — HughesNet already provides one token per month to every customer.

The HughesNet Fair Access Policy includes a download allowance. Users who exceed their allowance will have their service speeds reduced during the “Recovery Zone” for about 24 hours, after which speeds return to normal. Customers can apply their Restore token as a “get out of jail free” card, instantly restoring normal speeds.

HughesNet was sued for misleading customers about the company’s onerous usage limits and expensive early termination fee policy.

The lawyers bringing the case will receive fees, costs and expenses of up to $630,000. Up to $5,000 will be paid to each of the three Class Representatives that were part of the original lawsuit. Those seeking relief under the settlement have until September 28, 2012 to apply.

Complete information on the settlement and how to apply is available at: Satelliteinternetsettlement.com

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