More than 100,000 Verizon customers in New York City asking for FiOS fiber optic service are still waiting — 75% of them for more than a year — for a service Verizon promised would be available to every city resident by 2014.

In many of those cases, Verizon gave customers nothing but excuses and false information, sometimes in apparent violation of Verizon’s contract with the City of New York.

That was the opening contention of Vincent J. Gentile, chairman of the New York City Council’s Committee on Oversight and Investigations, in a four and a half hour-long hearing on Verizon FiOS availability held Oct. 14.

City officials are frustrated with Verizon’s performance under its FiOS franchise. Complaints about service availability have persisted for years and Mayor Bill de Blasio has been critical of Verizon’s foot-dragging to make fiber service available to every New Yorker that wants the service. As little as 30 minutes before the hearing, complaints continued to reach public officials from customers being told FiOS was not available. In fact, many were instead steered to a Verizon package that bundled satellite television instead of fiber optics.

New York City is Verizon’s largest market for FiOS fiber optic service. Verizon’s Leecia Eve, vice president of government affairs for the Tri-State Region, claimed the company has invested more than $3 billion upgrading New York City for fiber service and took umbrage at suggestions the company was reneging on its commitments, telling committee members Verizon fulfilled its FiOS commitments “one thousand percent.”

Such claims cause Verizon FiOS-less customers across New York City to bristle. In August, the New York Times reported Barbara Cooke-Johnson, a resident on Putnam Avenue in Bedford-Stuyvesant, Brooklyn had waited for two years for Verizon to reach her block. She isn’t alone. City Council members have been inundated with complaints from residents unable to get FiOS service, even after placing orders well over a year ago.

“For years, I have heard complaints from residents in my district, who have attempted to sign on to the Verizon FiOS service, but learned their area did not provide coverage, “said council member Annabel Palma, who represents the neighborhoods of Parkchester, Soundview, Castle Hill, Clason Point and Harding Park in the Bronx. “New Yorkers need affordable and reliable high-speed broadband access throughout all the five boroughs, but especially in the Bronx.”

Several council members blamed the prior Bloomberg Administration for negotiating a broadly Verizon favorable contract that maintained a largely hands-off policy on oversight of the company’s fiber optic deployment, with few penalties at the city’s disposal to keep Verizon to its word. The Bloomberg Administrated granted multiple requests made by Verizon between 2008-2011 to reduce the performance bond the company agreed to secure as an assurance to city officials it would meet the terms of its franchise agreement.

Kevin Service (L), vice president, region operations – New York City and Leecia Eve (R), vice president of government affairs – New York, New Jersey, and Connecticut testify before the City Council of New York.

Verizon’s agreement with the city required it to “pass all households” with fiber optic service within the franchise service area by June 30, 2014. Verizon blamed Hurricane Irene and Superstorm Sandy for missing that deadline, but claims it finally achieved it in October 2014.

Councilman Gentile pressed Service for more information about the gap between what city officials consider to be “homes passed” and what Verizon considers that term to mean.

“We do consider it to be passed if we’re in the realm of ‘substantial fiber placement,'” responded Kevin Service, Verizon’s vice president of region operations – New York City. “I’m not a lawyer, so here is what I would say. We’ve passed a household if when we get a request for service and have the necessary rights of way, what we have left to do does not create a delay in bringing service to that customer. Under that ‘Kevin Service definition,’ we’ve passed every household in New York City.”

Gentile countered that Verizon officials sent documents to the city admitting 23.6% of New York City blocks that Verizon deems “passed” have no buildings with Verizon FiOS service installed.

Much of the dispute between Verizon and New York City officials now centers on a widening gap between the city’s definition of “homes passed” and the one Verizon is now relying on to defend itself against charges it is violating its agreement.

Both sides agree nobody bothered to precisely define “premises passed” in the contract. The term is commonly used by the cable industry to reflect availability of cable service. Nielsen Media, among others, defines it to mean, “households with the ability to receive a particular cable service, and which may opt to subscribe.” The Fiber to the Home Council offers a more detailed definition, one used by the city’s auditors reviewing Verizon’s performance:

“The number of “Homes Passed” is the potential number of premises to which an operator has capability to connect in a service area, but the premises may or may not be connected to the network. This definition excludes premises that cannot be connected without further installation of substantial cable plant such as feeder and distribution cable (fiber) to reach the area in which a potential subscriber is located.” (emphasis added).

Verizon dismissed the Fiber to the Home Council’s definition as one prepared only “for purposes of its ‘market research,'” and claimed it had no standing because the organization is not party to the agreement between Verizon and the city.

Verizon used a dictionary to create its own definition of the phrase in a rebuttal to the city audit:

“General dictionary definitions of the term refer to going by, past, beyond, or through a place (such as a building), and include no requirement as to how close a place must be approached in order to constitute a “passage.” Thus, there is nothing inherent in the word itself that would require Verizon to run cable directly in front of every building in the City in order to “pass” those buildings.”

“The argument that ‘passing’ a premises with fiber optic cable includes no requirement of any proximity to that premises is manifestly untenable,” city auditors concluded.

If the dispute ends up in court, Verizon’s definition loophole may not prove much of a defense when a judge reviews the rest of the agreement. Whether Verizon has fiber facilities sufficiently nearby or not may not matter once a customer requests service. Under the terms of the contract, Verizon generally has to deliver FiOS within 6-12 months of a customer request, and there is ample evidence Verizon is not meeting that obligation.

The auditors found Verizon customer service agents were quick to tell customers FiOS service was unavailable to them and often failed to offer customers a “non-standard installation” (NSI), which starts the 6-12 month deadline to provide service. Even requesting an NSI was no guarantee of getting fiber service. Auditors found 74.68% of the 41,928 customer requests for an NSI were still outstanding as of Dec. 31, 2014, more than 12 months after the order was taken.

A raucous audience in the hearing room frequently jeered Verizon’s claims it was in full compliance with its franchise contract. Verizon officials defended the company’s performance, noting it was the first in New York City to offer service to every borough to compete with Cablevision and Time Warner Cable (and their predecessors) — cable companies that built their networks under the protection of a monopoly and given more favorable terms to gradually expand their infrastructure over a decade or more. Eve said Verizon achieved success despite the obstacles that have arisen, including objections from some building owners that have refused to admit Verizon technicians to install FiOS service for tenants.

Service admitted Verizon currently has a backlog of at least 100,000 requests for Verizon FiOS service in the city it has not yet met. Service blamed that number mostly on building access disputes, an excuse that allowed him to insist Verizon was in compliance with its agreement.

Service also suggested the city’s Department of Information Technology and Telecommunications (DoITT – pronounced “Do-It”) and some of the company’s unions have sought to muddy the waters by unilaterally redefining Verizon’s contract with New York.

[flv]http://phillipdampier.com/video/WNBC New York Verizon FiOS Not Installing High-Speed Internet for 25 Percent of NYers Who Want It 7-15-15.flv[/flv]

WNBC-TV in New York reported 25% of New Yorkers seeking Verizon FiOS Internet were turned away by the company. [Report originally aired: July 15, 2015] (2:01)

“To simplify the issue, the pass all homes obligation involves strategically placing fiber optic cables throughout the streets of New York City such that the fiber optic network can then be extended into specific buildings upon request, provided that we can get access to the building and into that building,” Service said. “It does not mean, contrary to some public confusion, that Verizon’s network would have been extended into every New York City household. Where we have not brought our FiOS service to a customer that has requested it, it’s because we haven’t yet secured all the necessary rights of way to do so.”

Verizon workers install fiber optic cables in New York City.

“I think it’s important to note that the city’s franchise agreements with Cablevision and Time Warner included an express obligation to run facilities in front of each building in the city,” Service reminded the audience. “In stark contrast, Verizon’s agreement does not include that language. This is no accident. The parties recognized while the agreement was being negotiated that Verizon would deploy its all-fiber network as an upgrade to its existing copper network, running the fiber along the same routes as it historically used to serve the buildings in the city. […] Although there are now attempts by some to unilaterally and retroactively revise the intent and meaning of the agreement, the word ‘passed’ was always understood and used by Verizon and the city in that context.”

Service explained getting FiOS service involves a multi-step process and it is not as simple as passing a fiber cable through a neighborhood.

“In order to fulfill [our] obligation [to provide FiOS] to a resident in an [multi-dwelling unit] not only does the building have to be passed by Verizon’s facilities, as all buildings are today, it also must be network created,” Service said. “In other words, the deployed fiber used to serve the building must be extended into the building from the street or backyard, or is frequently the case, through adjoining buildings to provide service to the individual units in the building.”

Customers can expect delays if they are the first in a building to request FiOS service.

“When a single resident requests service, it is Verizon’s policy to make the entire building ready for FiOS service. After that is complete, subsequent requests for service will no longer be considered NSI requests. Instead they are standard installation requests,” Service added, noting this is more efficient than simply provisioning service one customer at a time.

Union members who work for Verizon scoffed at Service’s explanations, accusing the company of systematically cutting back on FiOS spending and diverting money into its more profitable Verizon Wireless operation.

“They tend to blame landlords,” CWA representative Pete Sikora told Gothamist. “They tend to blame everyone but themselves. They didn’t have a gun held to their heads; they signed that agreement willingly, because they want to make more money. What they’re doing here is effectively picking and choosing which streets to serve.”

[flv]http://www.phillipdampier.com/video/CWA Verizon FiOS Broken Promises 10-13-15.mp4[/flv]

The Communications Workers of America have begun running ads criticizing Verizon for failing to bring FiOS service to New Yorkers. (0:30)

Customers didn’t readily accept Verizon’s explanations either.

“As a board member of my co-op, I’ve been trying to get FIOS in our building for four years now,” wrote one Gothamist reader. “I’ve spoken with everybody at Verizon about this and the outcome has been that Verizon will wire the block and its buildings when Verizon feels like it.

Council member Brad Lander

Most of those seeking FiOS service and not getting it learn FiOS is “not available” from Verizon’s website or a customer service agent. When asked when the service might be available, it is common for representatives to answer they have no idea. Critics say that violates the terms of the contract, which requires Verizon to make a good faith effort to give an estimated wait time before an installation can be made. Service was on the defensive explaining why customers are routinely told no service is available.

“There is no area in the city [we do not service] and nobody should be told that,” Service said. “Having said that, we have 12,000 employees — we have a large employee body that we are constantly training and retraining and to the extent that they have told somebody that service is not available, that’s an indication that we have more to do in that area.”

“I must tell you that Councilman Lander just whispered in my ear that he was told 30 minutes ago that where he lives in Brooklyn is not serviced,” responded Councilman James Vacca.

Councilman Brad Lander, the deputy leader of policy, later confronted the two Verizon representatives about his own unsuccessful attempts to get FiOS service at his own home in Park Slope and questioned their solution to the problem.

“It sounds to me like you are saying the problem is not that FiOS is unavailable at my house, the problem is that Stacy [a Verizon customer service representative] didn’t say to me ‘Mr. Lander it’s available in your neighborhood, just not to you.'”

[flv]http://www.phillipdampier.com/video/Council Member Brad Lander Takes Verizon Apart.mp4[/flv]

Council member Brad Lander shares his experience not being able to get FiOS service from Verizon at last week’s City Council hearing. (2:45)

The first provider in the country to offer community-wide gigabit fiber broadband to residential customers today announced it would far surpass the rest of the marketplace with a new 10 gigabit broadband package dubbed NextNet, available throughout the Chattanooga, Tenn. service area of municipal utility EPB for $299 a month.

“Five years ago, Chattanooga and Hamilton County became the first in the United States to offer up to 1 Gig Internet speeds,” said Harold DePriest, president and CEO of EPB. “Today, we become the first community in the world capable of delivering up to 10 Gigs to all 170,000 households and businesses in our service area.”

Its largest competitor — Comcast, charges $299 for up to 2Gbps service in limited service areas, if the customer can wait 6-8 weeks for installation, can afford up to $1,000 in activation and installation fees, and can commit to a two-year contract with a steep early termination fee. EPB will offer its five-times-faster-than-Comcast service to any customer with no lengthy waiting period, no contract, and free installation.

EPB will leverage Alcatel-Lucent’s TWDM-PON broadband technology to deliver scalable fiber broadband, and is also introducing 5 and 10Gbps plans for small businesses and 3, 5, and 10Gbps plans for larger commercial customers. Customers will receive an ONT unit installed by technicians about two weeks before installation is complete. The box, about the size of a DVD player, is required to support the new high speeds. It is usually mounted on a wall near the computer.

“Chattanooga’s 10 Gig fiber optic network is a world-class platform for innovation,” DePriest said. “In recent years, the need for faster Internet speeds has increased rapidly. Chattanooga is the perfect place for companies to enhance their productivity today and test the applications everyone in the country will want tomorrow.”

Despite detractors that claim municipal/public broadband services are economic failures waiting to happen, EPB has delivered tangible economic benefits across the Chattanooga region and is now recognized internationally as one of the country’s most successful public broadband projects.

A study recently released by University of Tennessee at Chattanooga Finance professor Bento Lobo shows “the Gig Network” helped the Chattanooga area generate at least 2,800 new jobs and at least $865.3 million in economic and social benefits. The study also found the EPB smart grid, which is the cornerstone application of the utility’s community-wide fiber optic network, has allowed customers to avoid an estimated 124.7 million minutes of electric service interruptions by automatically re-routing power (often in less than a second) to prevent an outage or dramatically reduce outage duration.

EPB has proven so successful, it has attracted visitors from around the world to study how community fiber broadband can transform a local economy.

The Don’t Care Bears

Comcast customers running into Comcast’s experimental 300GB usage cap in Atlanta can now buy their way out of overlimit fees, but it will cost you $35 a month — $5 more than what Comcast’s customers in Florida pay for the same reprieve.

Do You Want Unlimited Data?
Now You Can Get It.

We’re trialing a new Unlimited Data option for XFINITY Internet customers in your area. You can now get unlimited data for an additional fee of $35 per month, rather than paying $10 for each 50 GB provided over your current 300 GB monthly data plan. Enrolling in this option goes into effect on the first day of the next calendar month, so as early as November 1, 2015.

If you typically use more than your data plan, you can select our Unlimited Data option and never worry about unexpected data overages again. Take a look at your recent monthly usage with our usage meter, and see if the Unlimited Data option is right for you. Want more information about unlimited data such as how to sign up?
Click here to learn more.

Please note that this is a consumer trial. Comcast may modify or discontinue this trial at any time. However, we will notify you in advance of any such change.

Stop the Cap! reader Paul sent along a copy of the Comcast e-mail noted above.

Of course Comcast customers want unlimited data in return for the very substantial amount of money they pay the cable company each month for the service. But it is unlikely Comcast will find many customers satisfied with the prospect of paying $35 more to get back the same Internet service they used to receive before Comcast unilaterally imposed a usage cap on them.

Comcast is testing different usage caps and price points to determine which are the most palatable to customers, with the likely aim of imposing their caps on every Comcast customer in the country.

Customers can make it clear to Comcast the only acceptable option is NO USAGE CAPS and NO USAGE BILLING:

1. Inform Comcast you are shopping for another provider and will switch companies over the issue of usage caps.
2. Send a complaint to the FCC letting them know you strongly oppose Comcast’s usage caps.
3. File a complaint with the Better Business Bureau, especially if you incurred overlimit fees on your bill.

Canada’s largest wireless carrier and near-largest Internet Service Provider has just become one of Canada’s largest Net Neutrality advocates. How did that happen?

In an ironic move, Alphabeatic reports Rogers Communications today filed a letter with the Canadian Radio-television and Telecommunications Commission that supports a ban on providers exempting customers from usage caps when accessing content owned by the provider or its preferred partners.

The issue arose after Vidéotron, Quebec’s largest cable operator and significant wireless provider, began offering an Unlimited Music service that keeps the use of eight streaming audio services – Rdio, Stingray, Spotify, Google Play, 8Tracks, Groove, Songza and Deezer – from counting against a customer’s usage allowance.

The practice of exempting certain preferred content from usage billing, known as “zero rating,” is a flagrant violation of Net Neutrality according to consumer groups. Rogers now evidently agrees.

“The Unlimited Music service offered by Vidéotron is fundamentally at odds with the objective of ensuring that there is an open and non-discriminatory marketplace for mobile audio services,” Rogers’ CRTC filing said. “Vidéotron is, in effect, picking winners and losers by adopting a business model that would require an online audio service provider (including Canadian radio stations that stream content online) to accept Vidéotron’s contractual requirements in order to receive the benefit of having its content zero-rated.”

The practice of zero rating can steer users to a provider’s own services or those that agree to partner with the provider, putting others at a competitive disadvantage. That is what bothers the Public Interest Advocacy Centre, which calls the practice incompatible with an Open Internet.

Rogers has an interest in the fight. The company owns a number of commercial radio stations across Canada, many that stream their content over the Internet. None are exempt from Vidéotron’s caps.

Rogers’ advocacy for Net Neutrality is new for the company, and ironic. Rogers partnered with Vidéotron and Bell to offer its own zero-rated online video service for wireless customers until last August, when consumer groups complained to the CRTC about the practice.

Rogers may also be in the best position to judge others for the practice while finding a convenient loophole for itself. Its current promotions include free subscriptions to Shomi, a video streaming service, Next Issue, a magazine app, or Spotify, the well-known music streaming service. While Rogers won’t exempt your use of these services from its usage caps, it will effectively exempt you from having to pay a subscription fee for the service of your choice, which could provide the same amount of savings zero rating content would.

Ricardo Bolán was not happy while reading his latest Comcast bill informing him he was about to be included in Comcast’s creeping trial of usage caps, which has slowly spread across the cable company’s service areas in the south and western U.S.

“Customer service said we were one of the communities ‘opting in’ to Comcast’s data usage plan, which is their way of saying Comcast forced it on us,” said Bolán, who lives in Hialeah, Fla.

Several South Florida customers are writing Stop the Cap! to complain about Comcast’s Oct. 1 imposition of a 300GB usage cap on its broadband service. Customers exceeding their allowance will now pay $10 in overlimit fees for each 50GB increment.

“Comcast’s usage meter hasn’t reliably worked down here for weeks, so you are flying blind over how much data you are using, and we’re talking about Comcast, so who can trust them?,” said Dave — a Stop the Cap! reader in Miami Beach. “I guess it’s back to AT&T.”

When the usage tool does work, some customers claim their reported usage levels suddenly doubled or tripled after Comcast’s usage cap started.

“Since this new data plan trial for Florida went into effect, I decided to check my usage,” Batchman27 wrote on Comcast’s support forum. “I am at 11GB in one day. I looked back at my usage for the past three months (July 1-Sept 30) and my average for those 92 days was 5.86GB per day. I find it very odd and extremely convenient that my usage [nearly doubled] on the day this ‘trial’ began.”

Over the next several days, his usage stayed consistently at or above 11GB a day.

“At this rate, I will exceed the 300GB before the end of the month and will be billed for the additional blocks of data (note: my highest usage during those three months was 202GB in August),” he added.

Another customer has had to banish Netflix, Hulu, and all other subscription video services from his home because they make all the difference whether or not his family of four will face overlimit bill charges and bill shock from Comcast.

“It’s no surprise what they are targeting with these caps,” said Austin Chilson. “If you watch Netflix or Hulu on a regular basis, 300GB is not enough. Netflix alone is responsible for about 17GB of video usage during the first three days of the month, and we were gone most of the day on Saturday the 3rd.”

Another customer echoes Chilson.

“I feel like we’re a pretty average family of four,” GuitarManJonny wrote Oct. 2 on Comcast’s support forum. “Of course we stream Netflix and we do a little downloading although nothing approaching what I’d consider excessive (no torrents, for example) and I have gone over the limit every month since July. I’m already at 13GB for this month, so it’s a pretty safe bet that I will go over again.”

Florida customers have an option other Comcast customers do not — a way back to unlimited usage by paying an extra $30 for an “unlimited use option.”

That seemed to only infuriate customers more.

“It’s amazing that a cap is being turned on and yet I’m asked to pay the same amount that I have been for unlimited and then being asked to pay MORE to continue the same plan I’m on now,” writes Gldoori. “It’s also ironic that I get the ‘We’re sorry. We can’t load your Internet usage meter right now’ [error message] when I try to monitor my usage on the website.”

“I’ll be cancelling my TV and home phone with them in a couple of months when my plan expires and then dropping my Internet speed to fit a “need” rather than a “want,” Gldoori wrote. “I’m not paying $30 more (for unlimited) just to have the same Internet plan I’ve been paying for already.”

A Comcast spokesperson tried to defend the implementation of usage caps in Miami-Dade, Broward and the Florida Keys by suggesting almost none of their customers will be impacted by it.

“To put things in perspective, 300 GB is an extremely large amount of data to use,” Comcast Florida spokeswoman Mindy Kramer told the Miami Herald. “The median data use for our customers is 40GB per month; about 70 percent of our customers use less than 100GB per month. About 92 percent of our customers will see absolutely no impact on their monthly bills.”

Kramer claims the new usage caps are about fairness.

“Our data plan trials are part of our ongoing effort to create a fair, technologically-sound policy in which customers who use more data pay more, and customers who use less pay less,” Kramer said.

Except no customers are paying less. Comcast’s broadband rates have not changed as a result of the market trials, only a usage cap was introduced.

In other cities living under Comcast’s usage caps, the first notice many customers take of the new caps comes in the form of a much higher bill. Clark Howard, a consumer reporter for WSB-TV in Atlanta, has heard from local residents reporting serious bill spikes if they ignored Comcast’s warning or failed to curtail their usage.

Another reader in South Florida reports Comcast does inform Floridians when their usage allowance runs out, including automated phone calls and a browser-injected warning message appearing on all non-https websites when a customer reaches 80 and 100% of their monthly allowance. Once that allowance is exceeded, your Internet will not stop working. Comcast will instead add $10 for each additional 50GB you use until the end of your billing cycle.

“There is no way to opt out of accruing overlimit fees and when the usage tool is down, you have no idea what your bill will look like,” said Bolán. “To keep this in perspective, if you manage to use 500GB in a month, the overlimit fee will add $40 to your bill. If you cut your cable TV and watch Hulu and Netflix, that kind of usage is not surprising.”

Chilson’s parents have been impacted by Comcast’s usage caps in another way — they are having trouble selling their home because Comcast is the only service provider. AT&T isn’t providing U-verse service to several homes on the street, including theirs.

“The realtor reports would-be buyers are shying away because they don’t like the Internet options, which are Comcast, Comcast, or Comcast,” Chilson said. “My parents have offered to split closing costs and even tried lowering the price, but because everyone hates Comcast, they just don’t want to be stuck living in a home with Comcast as their only choice.”

Chilson suggested offering would-be buyers $720 — the cost of two years of Comcast’s $30 a month unlimited add-on plan. Still no takers, and several buyers cited Internet availability and Comcast as reasons for backing away.

Jerome Stokes of Palm Springs, Fla. has managed to collect almost 2,000 signatures on his Change.org petition demanding Comcast remove the usage caps from all of their Internet plans. He calls data caps “barbaric,” and thinks they should be illegal. Other customers are also complaining to the FCC.

Sean Miranda thinks they are just bad for business:

“If this doesn’t affect most people anyway, why bother implementing this change? All it does is make people like myself, less inclined to continue using your service, and instead switch to a different ISP that doesn’t put such silly restrictions on their customers. AT&T is starting to look better and better right about now, but where do I go once they start implementing this too, huh? I want no involvement in this “trial” and hope you discontinue this monopoly scheme immediately, or I will have no choice but to take my business elsewhere or to create new competition.”