Damage Control Amateur Hour at the N.Y. Assembly Majority Leader’s Office

grammarly

Assemblyman Joe Morelle’s letter to N.Y. regulators failed this online plagiarism checker when it found the majority of the text was lifted from Comcast’s own press statements and congressional testimony, without attribution.

News that Assemblyman Joe Morelle cut and pasted the majority of his letter to New York regulators directly from a Comcast press release and executive testimony before Congress has begun to create some problems for the assemblyman and his office.

The story has been picked up by a Rochester television station, two New York newspapers and the National Journal (so far). We have now learned that Assemblyman Morelle also cashed a $1,000 campaign contribution check from Comcast earlier this year.

In response to our story, the assemblyman’s office today issued a litany of excuses about why it now fronts for Comcast, none of them particularly convincing. In fact, the damage control effort may actually be making the problems for Mr. Morelle and Comcast worse:

WROC-TV:

Sean Hart, said Comcast approached the assemblyman for his support. “They provided a draft letter of support for our consideration. We made several edits of the letter. This is common practice for any organization asking for an elected official’s support to provide a sample letter.”

Comcast is not an “organization.” It is a multi-billion dollar telecommunications and entertainment conglomerate. We are grateful to have confirmation that Comcast is sending out “templates” to elected officials with talking points already prepared and ready to go. The only issue is whether an elected official will steer clear of promoting giant corporate merger deals they don’t understand (and Mr. Morelle clearly does not have a clue.)

Did Mr. Morelle consult with his own constituents before deciding to tote water for Comcast? Not that we are aware of. Even the Public Service Commission’s own staff recognizes the overwhelming majority of New Yorkers communicating with them on this issue (nearly 3,000 and counting), are vehemently opposed to the deal. Many have past personal experiences dealing with Comcast, and they don’t have the benefit of a $1,000 check from the cable company to give them warm feelings of goodwill.

Although it may be common practice for a company to do this kind of advocacy work, it is not common for most elected officials to barely rewrite the company’s own press releases and executive testimony. Out of thousands of elected officials in New York, only a dozen or so have weighed in with the PSC on this issue.

Our favorite attempt at damage control came from Mr. Hart’s comments to The Journal News:

“It is common practice for an organization seeking support to provide a sample letter with suggested language,” Hart wrote. “I am certain if you were to review letters of support for any number of projects/causes submitted by elected officials, at every level of government, you would find that many opt to extract language from a sample letter provided to them.”

Hart rejected the suggestion that Morelle plagiarized the Comcast and Time Warner executives’ testimony, as suggested by Stop the Cap. The letter to the Public Service Commission was signed by Morelle and printed on official Assembly letterhead.

“I realize I probably do not need to point this out to a journalist, but the definition of plagiarism is ‘an act or instance of using or closely imitating the language and thoughts of another author without authorization and the representation of that author’s work as one’s own,'” Hart wrote. “Morelle has authorization from Comcast to use the language included in his letter to the NYSPSC.”

He continued: “It is one thing to disagree with the Majority Leader’s opinion. It is another to make outlandish claims that lack merit.”

Morelle

Morelle

We have reviewed over 8,000 comments filed with regulators on the state and national level since 2008. We have rarely encountered a cut and paste job as obvious as Mr. Morelle’s letter. When you review as many filings as we do, when talking points are quoted word for word, it stands out because we have heard them from Comcast again and again.

Mr. Hart does not help Mr. Morelle’s cause defending the fact he had Comcast’s permission to cut and paste their press releases in comments sent on the Majority Leader’s letterhead and signed by him personally. Comcast could and should have co-signed it. The fact that it happened at all should ring alarm bells for any voter, particularly those who don’t appreciate an elected official inviting America’s most-hated cable company into New York State.

As for the matter of plagiarism, perhaps we missed the part where Mr. Morelle made sure to credit the source for his testimonial. Oh wait, we didn’t. It wasn’t in there. Would Mr. Hart’s excuses fly by your college professor after being caught cutting and pasting someone else’s words in a paper you ostensibly wrote without any attribution?

Maybe we were wrong, so we decided to run Mr. Morelle’s letter through an online plagiarism checker to see what it thought.

Uh oh: Grammarly not only fired off a warning, but a full-scale “!” plagiarism alert, even after we discounted our own (and others) coverage of the story, which also quotes from his letter.

If Mr. Hart wants to attack us for exposing the sordid affair, we’re fine with that. We’re tough and can take it. He’ll find few (unpaid) defenders of Comcast to stand with the assemblyman.

Frankly, the only “outlandish claims that lack merit” are Comcast’s promises for New York. If Mr. Morelle is that comfortable extending his own credibility to vouch for Comcast, we’ll still be around to remind his constituents the promised dreams of better days inevitably devolved into a consumer nightmare, just as it has in Comcast’s primary service areas. Voters should know Comcast has Joe Morelle’s full and unwavering support.

The best damage control? Rescind the letter. All will be forgiven. Mr. Morelle won’t be the first (or last) elected official suffering collateral damage from Comcast.

NYS Assembly Leader Joe Morelle Plagiarizes Comcast Testimony in Letter to Regulators

New York State Assembly Leader Joe Morelle (D-Rochester) plagiarized large sections of a Comcast press release and the Congressional testimony of Comcast’s executive vice president David Cohen in a letter sent to the New York Public Service Commission endorsing the cable company’s bid to merge with Time Warner Cable.

Morelle evidently ignored or was unaware of his constituents’ overwhelming opposition to the merger deal and seemed unfazed about Comcast’s long record of dreadful customer service, constant rate increases, and the company’s plan to reimplement usage limits on consumer broadband accounts. Morelle simply cut and pasted Comcast’s own words in his letter about the merger, as we illustrate below:

 

morelleN.Y. State Assembly Leader Joe Morelle: “The combination of Comcast and Time Warner Cable will create a world-class communications, media and technology company to help meet the increasing consumer demand for advanced digital services on multiple devices in homes, workplaces and on-the-go.”

cohenDavid Cohen, executive vice-president, Comcast: “The combination of Comcast and TWC will create a world-class communications, media, and technology company to help meet the insatiable consumer demand for advanced digital services on multiple devices in homes, workplaces, and on-the-go.”

 

morelleJoe Morelle: “Comcast has a proven record of investing in new technologies, facilities and customer support to provide the best in broadband Internet access, video and digital voice services.”

cohenDavid Cohen: “Comcast has a proven record of investing in new technologies, facilities, and customer support to provide the best in broadband Internet access, video, and digital voice services.”

 

morelleJoe Morelle: “Similarly, TWC has made significant strides in offering a diverse array of video, broadband, and voice services to its customers.”

cohenDavid Cohen: “Similarly, TWC has made significant strides in offering a diverse array of video, broadband, and voice services to its customers.”

 

morelleJoe Morelle: “Combining the two companies’ complementary strengths will accelerate the deployment of next-generation broadband Internet, video and voice services across the new company’s footprint.”

cohenDavid Cohen: “Combining the two companies’ complementary strengths will accelerate the deployment of next-generation broadband Internet, video, and voice services across the new company’s footprint.”

 

morelleJoe Morelle: “Residential customers will benefit from technological innovations including a superior video experience, higher broadband speeds and the fastest in-home Wi-Fi, while also generating significant cost savings and other efficiencies.”

comcastComcast Press Release: “Through this merger, more American consumers will benefit from technological innovations, including a superior video experience, higher broadband speeds, and the fastest in-home Wi-Fi. The transaction also will generate significant cost savings and other efficiencies.”

 

morelleJoe Morelle: “In just two-and-a-half years, over 350,000 families, representing approximately 1.4 million low-income consumers, have been connected to the Internet thanks to this program. This proposed merger would extend this vital program to many more low-income households in New York by providing access to it in certain areas of the state currently only served by Time Warner.

cohenDavid Cohen: “In just two and a half years, over 300,000 families, representing some 1.2 million low-income consumers, have been connected to the transformative power of the Internet thanks to this program. The transaction will extend this vital program to millions more Americans in the areas currently served by TWC.”

Bright House, Time Warner Cable, and Mediacom Customers Get Expanded TV Everywhere

Phillip Dampier August 14, 2014 Consumer News, Mediacom, Online Video Comments Off on Bright House, Time Warner Cable, and Mediacom Customers Get Expanded TV Everywhere

NBC_Universal.svgThree cable operators have announced additions to their TV Everywhere services that let cable television subscribers stream certain cable networks from home computers and portable wireless devices.

Time Warner and Bright House are inching towards making their apps more useful with new deals that will allow viewing outside of the home. Unsurprisingly, Time Warner has managed to sign a deal with their potential new owner — Comcast/NBCUniversal —  that includes anywhere-viewing of live and on demand content from NBCUniversal’s suite of cable networks including USA Network, Syfy, Telemundo, Bravo, Oxygen, CNBC, MSNBC, mun2, NBC Sports Network, and Golf Channel, as well as local NBC and Telemundo-owned broadcast stations.

Since Time Warner Cable handles cable programming negotiations for Bright House Networks, both customers will receive the enhanced service.

Within the next few days, customers will have access to the NBC Sports Live Extra and Golf Live Extra services via apps on iOS and Android devices, as well as online. Access to the remaining broadcast and cable networks will become available to Time Warner Cable and Bright House customers starting in September, and continuing on an ongoing basis. Customers must verify their subscription to begin watching.

nfl channelUnfortunately, there are only a handful of NBC-owned and operated broadcast stations across both companies’ service areas. In most cases, local affiliate stations are owned and operated by other corporate entities and will not be included in this deal.

Mediacom Communications has expanded its own TV Everywhere package, adding NFL Network and NFL RedZone this week, along with mobile access to FX, FXX, FX Movies, National Geographic and National Geographic Wild.

Mediacom now offers 40 channels for out-of-home viewing and plans to add FOX Sports Go and other popular sports networks by September.

TV Everywhere allows Mediacom customers to always be connected to live entertainment and information,” said Mediacom senior vice president Ed Pardini. “Adding new channels to this service extends the value of a video subscription by giving customers more options to view their favorite programs when and where they want, whether that’s the big screen in living rooms or with the convenience of a mobile device.”

Mediacom customers looking for NFL Network and NFL RedZone on smartphones and tablets must download the free NFL Mobile App by going to the web site. Mediacom is now listed as a participating provider. Customers should log in with their Mediacom email address and username.

Verizon Wireless Closing Unlimited Data Plan Upgrade Loopholes; The Latest Party Ends 8/24

610px-Verizon-Wireless-Logo_svgVerizon Wireless is closing several loopholes that customers have used to acquire new subsidized, on-contract smartphones and keep their unlimited data plans intact for an extra two years.

Since Verizon Wireless stopped enrolling customers in unlimited use data plans in 2012, current customers have been able to hang on to their unlimited use plans with the understanding they will not be entitled to subsidized upgrades or new lines with unlimited data. Despite that, Verizon still aggressively pursues unlimited data customers at almost every contact encouraging them to ditch their unlimited plan in favor of much more profitable Family Share plans, which feature usage-based billing tiers that customers will need to regularly upgrade to stay ahead of increasing data usage trends.

A study from Consumer Intelligence Research Partners showing Verizon has successfully convinced all but 22% of their customers to dump their unlimited plans. Those still hanging on guard their unmetered plans zealously. Some have even managed to find loopholes that let them keep unlimited data while getting subsidized device upgrades. But Verizon has caught on and is slowly closing the loopholes, increasing restrictions on unlimited data plan customers.

The Loopholes

One of the newer loopholes is a type of subsidized upgrade through Best Buy. A number of careful steps are required to win the upgrade without changing your data plan, and there are several side effects explained exhaustively on the Slickdeals website. If you try, read the instructions very carefully or you could lose your unlimited plan. The upgrade has been successful for many who have kept their unlimited packages, signed a new two-year contract exempting them from Verizon Wireless’ 4G speed throttle, and getting a new device at a subsidized discount. it won’t be easy to tell when this loophole is closed, and you might have to fight to win back your unlimited data package if it is removed from your account.

Another loophole involves shifting upgrades around on your current family plan. As different family members become eligible for device upgrades, it is possible to an upgrade to an existing number with an unlimited data plan without losing that feature. This is the most popular loophole at the moment and the one Verizon Wireless wants to kill the most.

"Tina, bring me the axe!"

“Tina, bring me the axe!”

Verizon Takes the Axe to Loopholes, Discounts, and Finance Plans for Unlimited Data Customers

Verizon has declared a virtual war on their grandfathered unlimited data plan customers, and has gradually tightened the noose:

  1. Verizon Wireless will begin throttling 4G/LTE speeds of off-contract, unlimited data plan customers deemed heavy users who consume more than 4.7GB of data per month beginning this fall;
  2. On July 13, Verizon Wireless quietly terminated its Device Payment Plan for unlimited data customers seeking to finance the cost of an unsubsidized device upgrade over 12-20 months. Instead, customers must enroll in Verizon Edge to get a phone with little cash upfront and monthly payments. One of the conditions of the Edge program is forfeiting your unlimited data plan;
  3. Verizon will no longer allow customers with unlimited data plans to transfer an available device upgrade from another line on the account to get a subsidized device upgrade while keeping their unlimited data plan.

In the past, some customers who love upgrading devices a lot either grabbed other family members’ device upgrade offers or opened up extra lines on the account. For each additional $9.99 a month basic line, a customer could qualify for a new subsidized device with a two-year contract, initially attaching a basic 2GB $30/month data plan they can immediately drop when the phone is switched to a line with unlimited data. Some customers have even maintained two or three unused phantom lines just so they can upgrade their phone every 10 months or so.

Beginning Aug. 24, Verizon will close that loophole by forcing customers to keep a data package associated with every subsidized device on their account for the length of the contract. This means customers must pay at least $30 for a 2GB data package, plus the usual $9.99 a month fee for service over the next two years for each line with a smartphone attached, regardless of what number it gets associated with.

According to information received by Droid Life, Verizon believes that when it “gives customers a discount on the retail price of a smartphone, we expect them to pay for data services and keep the smartphone activated for two years. This change closes the loopholes which allowed customers to activate/upgrade a smartphone and immediately revert back to a basic phone, resulting in a discontinued smartphone with no associated data plan.”

This may explain why Verizon Wireless is so gung-ho about getting me to switch to their "money-saving" Family Share Plan. In fact, it's a Family Theft plan -- nearly three times more expensive with a data cap that will force even more upgrades at a higher cost in the future.

Here’s an offer I’d like to refuse: This may explain why Verizon Wireless is so gung-ho about getting customers to switch to their “money-saving” Family Share Plan. In fact, it’s a Family Theft plan — nearly three times more expensive with a data cap that will force even more upgrades at a higher cost in the future.

Wining and Dining the FCC: Comcast Sponsors Honors Dinner for Commissioner During Merger Review

FCC Commissioner Mignon Clyburn

FCC Commissioner Mignon Clyburn

Comcast will pay $110,000 to sponsor a major dinner honoring FCC commissioner Mignon Clyburn at the same time the regulator is considering whether to approve the cable company’s application to acquire Time Warner Cable.

In a barely noticed Senate lobbying disclosure released last month, Time Warner Cable admitted it was also spending $22,000 of its subscribers’ money on the same meal.

The money gets Comcast a top-level commitment as a “presenting sponsor” at the Walter Kaitz Foundation dinner next month, which features Clyburn receiving a “diversity advocate” award. Comcast will be prominently recognized with marquee recognition, get premier seating for 40 of its guests, and inclusion in a variety of ads and “E-News Blasts.”

Some good government groups hope Clyburn can arrange for a last-minute scheduling conflict to avoid the obvious conflict of interest of a cable operator honoring a commissioner who could decide the fate of its multibillion dollar merger deal.

“I think that the timing is curious,” said Carrie Levine, research director at Citizens for Responsibility and Ethics in Washington (CREW), which noted the corporate sponsorships in a blog post Monday. “They’re honoring an FCC commissioner at the exact same time they’re trying to get approval for a merger. And that doesn’t look so good.”

CREW found TWC listed as a “benefactor” on the event’s supporters’ page and the cost of a “benefactor” level table package at the dinner is $22,000. Comcast, meanwhile, is listed on the foundation’s web site as a “presenting sponsor” for the dinner, which costs $110,000.

Comcast is working minority groups hard for letters and votes supporting its merger with Time Warner Cable, notes CREW:

TWC and Comcast’s contributions in honor of Commissioner Clyburn were made at a time when the two companies are aggressively working the levers of power to get their merger approved. As CREW has noted, using honorary contributions to lawmakers and regulators’ favored charities to curry favor is one of the more under the radar moves in Comcast’s merger playbook—a playbook that also emphasizes lobbying, campaign contributions, and winning support from third-party groups, especially those representing minorities.

Regulators must approve the deal, and Congress has been scrutinizing it. Several lawmakers have voiced reservations in hearings about the merger’s potential impact, and this month, more than 50 House members sent Comcast and TWC a letter saying they should commit to carrying independent Latino-focused channels as a condition of the merger. In May, CREW found that between 2011 and 2013, Comcast had spent heavily to honor the Congressional Black Caucus (CBC) and the Congressional Hispanic Caucus (CHC), whose members could be important supporters of the merger. Comcast also gave big to the Asian Pacific American Institute for Congressional Studies (APAICS), honoring, among others, Rep. Judy Chu (D-CA), who is a member of the House Judiciary Committee’s Subcommittee on Intellectual Property and the Internet and supported the Comcast/NBC Universal Merger approval in 2011. TWC made fewer honorary contributions than Comcast during the same period, but also contributed $100,000 in honor of the CHC.

A review of the two companies’ 2014 mid-year lobbying contribution reports reveals money is still flowing to these key groups, and there has been a significant uptick in giving to the CHC. In the first six months of 2014, Comcast contributed $273,454 in honor of the CHC, more than the company contributed in any individual year between 2011 and 2013. Comcast also reported giving $125,000 in honor of the CBC and $50,000 to the APAICS in honor of Rep. Chu and Rep. Mike Honda (D-CA).

TWC increased its giving to other Latino advocacy groups as well. On February 18, 2014, the company contributed $25,000 to the League of United Latin American Citizens (LULAC) in honor of several members of Congress and Secretary of Labor Thomas Perez, an increase from its $20,000 contribution to LULAC in 2013. In addition, on March 5, 2014, Time Warner Cable contributed $25,000 to the National Council of La Raza (NCLR) in honor of the “Gang of Eight” senators who passed a comprehensive immigration reform bill in June 2013. TWC previously contributed a total of $45,000 between 2011 and 2012 to NCLR.

Stop the Cap! will continue to expose the names of elected officials and non-profit and civil rights groups that have thrown their support behind Comcast, which in turn delivers contributions, free exposure, and in some cases future employment with the cable operator.

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