Verizon Wireless customers exchanging defective phones can expect to receive a pre-owned, "like-new" replacement from the wireless company.

Some Verizon Wireless customers are upset by the wireless company’s refusal to replace brand new, but defective phones with an equivalent brand-new phone, even just a few days after purchase.  Instead, customers are handed returned, usually refurbished phones originally used by other Verizon Wireless customers.

For some customers, that is tantamount to getting back “other people’s problem-phones.”

“You honestly have no idea how the last customer who owned the phone treated it,” writes Stop the Cap! reader Jenna, who lives in Fort Wayne, Ind.  “That person could have used it as a coffee coaster or dropped it in the street — how can you know?”

Jenna is upset because she purchased a brand new Verizon Droid phone and paid a premium for it in order to keep to just a one-year service agreement.

“This is one expensive phone, costing me hundreds of dollars, and it just quit working two days after I bought it,” she writes.

When she returned to the Verizon Wireless store expecting a new, off the shelf replacement, she was shocked when the company would only hand her a used, “re-certified” phone.

“I bought a factory fresh phone and that is what I expected to receive.  I could understand getting a refurbished phone if I had the phone six months, but 48 hours after purchase, no way,” she said.

Jenna’s replacement was handed to her in a plain box shrink wrapped with a “like new” sticker attached to the front.

“If I wanted ‘like new’ I would buy a used phone on eBay,” Jenna explains.

Despite several attempts, Verizon steadfastly refused to replace her dead phone with a new one, so Stop the Cap! alerted Jenna to the fact Verizon has a 30-day “worry-free” guarantee for new customers or those renewing contracts.  “If you’re not completely satisfied, you can cancel service within 30 days and pay no early termination fee if you return your device. A restocking fee may apply.”

“Thank you for letting me know about the 30-day trial, which gave me new leverage,” Jenna follows up.  “I walked into Verizon Wireless and talked to the same guy who refused me the first time and told him I wanted to return the phone under the 30 day policy and like magic the heavens opened.”

Jenna reports not only did the store manager promptly offer to replace her phone with a factory-sealed model, she also received some free accessories to make up for her inconvenience.

“The only way phone companies listen is when customers have some leverage to hit them in their wallets,” Jenna said.

Jenna also complained to several consumer reporters in the Fort Wayne area.  WANE-TV did a story on a reporter’s own personal experience with Verizon’s intransigence.

Jason Wagner, a Verizon Wireless store manager, told the reporter he actually preferred getting and using refurbished phones.

“I personally would rather use a certified, pre-owned [phone], Wagner explains.  “I know this phone has been checked […] and is going to work the way it should.”

“Good — he can have mine,” said Jenna.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WANE Ft Wayne Verizon Defends like-new Policy 11-17-10.flv[/flv]

WANE-TV in Fort Wayne talked with Verizon Wireless about their exchange policies after a reporter at the station tried to exchange her defective phone.  (2 minutes)

Obsolete? Netflix introduces "streaming-only" options for customers

Netflix online streaming fans who could care less about renting DVD’s by mail can now save some money on Netflix’s newly-announced Streaming Only service plan, available now for $7.99 per month.  New and former customers can now also obtain a one month free trial of Netflix’s online and traditional plans, up from the former two week free sample.

The new streaming plan comes after moderate success offering online video to Canadian customers.  Netflix has been slowly transforming itself into a streaming-media company, as costs to package, ship, and process DVD’s by mail continues to rise.  About 20 percent of Netflix’s catalog is available for instant viewing on a computer screen, smartphone, or larger living room TV (with the help of a set top box, Netflix-equipped DVD player, or videogame console).

For customers who prefer getting physical DVD’s (or just want the 80 percent of Netflix’s catalog not available online), some bad news.  The company is raising rates beginning tomorrow.  The rate increase amounts to $1 for every DVD a plan allows to be checked out at the same time.  For the company’s popular 3-out plan, the monthly rate rises $3, from $16.99 to $19.99 per month, plus applicable tax.

Most Netflix streaming fans subscribe to the company’s 1-out plan, the lowest price option that includes unlimited streaming.  That plan rises in price by one dollar to $9.99 per month (plus tax).  If the rent-by-mail option is of little interest, consider downgrading to the streaming only plan and save two dollars a month.

It will be a long time before Netflix can offer its entire catalog online.  Larger studios with close ties to cable companies are lengthening the window before certain titles can become available for instant viewing.  Three of the six major Hollywood studios will not offer movies through Netflix’s online viewing service until HBO’s contract to show the movies expires.  For many titles, that means at least seven years after the movies are released on DVD.

Netflix's New Rates

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/WSJ Netflix 11-29-10.flv[/flv]

The Wall Street Journal’s Digital Network discussed the implications of Netflix’s new streaming plan and the potential impact of the rate increase for traditional DVD rental customers.  (4 minutes)

Comcast wants to be paid twice for carrying Netflix online video content to its customers: once from customers themselves and a second time from Level 3 Communications, Inc., the company providing much of Netflix’s streamed video traffic.

“On Nov. 19 Comcast informed Level 3 that, for the first time, it will demand a recurring fee from Level 3 to transmit Internet online movies and other content to Comcast’s customers who request such content,” said Level 3’s chief legal officer, Thomas Stortz, in a statement. “By taking this action, Comcast is effectively putting up a toll booth at the borders of its broadband Internet access network, enabling it to unilaterally decide how much to charge for content which competes with its own cable TV and Xfinity delivered content.”

The backbone and content distribution company accused Comcast of threatening the open Internet and of abusing its market position as America’s largest cable broadband provider.  Comcast disageed, calling Level 3’s position “duplicitous” and accused the company of sending far more traffic from its content partners than the cable giant sends in the other direction.

Joe Waz, senior vice president of External Affairs and Public Policy Counsel at Comcast posted a response on the company’s blog claiming Level 3 was trying to have it both ways, running a lucrative content delivery business for clients like Netflix while also acting as a major Internet backbone provider.  Waz claims Level 3 is purposely confusing the fair exchange of backbone traffic with the commercial content delivery business it also runs:

Comcast has long established and mutually acceptable commercial arrangements with Level 3′s Content Delivery Network (CDN) competitors in delivering the same types of traffic to our customers. Comcast offered Level 3 the same terms it offers to Level 3′s CDN competitors for the same traffic. But Level 3 is trying to gain an unfair business advantage over its CDN competitors by claiming it’s entitled to be treated differently and trying to force Comcast to give Level 3 unlimited and highly imbalanced traffic and shift all the cost onto Comcast and its customers.

To quantify this, what Level 3 wants is to pressure Comcast into accepting more than a twofold increase in the amount of traffic Level 3 delivers onto Comcast’s network — for free. In other words, Level 3 wants to compete with other CDNs, but pass all the costs of that business onto Comcast and Comcast’s customers, instead of Level 3 and its customers.

Level 3′s position is simply duplicitous. When another network provider tried to pass traffic onto Level 3 this way, Level 3 said this is not the way settlement-free peering works in the Internet world. When traffic is way out of balance, Level 3 said, it will insist on a commercially negotiated solution.

But Level 3 claims Comcast threatened to pull the plug if they didn’t agree to the cable company’s demands, which would have cut off Comcast customers from a wide range on content.  The company agreed to pay Comcast under protest, and took the issue public just as attention has become re-focused on Net Neutrality at the Federal Communications Commission.

The dispute increasingly resembles cable TV carriage fights where programmers threaten to yank programming if their terms are not met.  Had Comcast delivered on its alleged threat to cut ties to Level 3, widespread disruptions of content delivery could have been the result, starting with a blockade against Netflix streaming video.  That would leave Comcast broadband customers paying for a hobbled Internet experience, missing popular websites because of Comcast’s roadblocks wherever Level 3 traffic was involved.

It’s a classic case of a Net Neutrality violation, with money being the motivating factor.  Pro-consumer public policy groups immediately pounced on the news.

“Comcast’s request of payment in exchange for content transmission is yet another example of why citizens need strong, effective network neutrality rules that include a ban on such ‘paid prioritization’ practices,” said Andrew Jay Schwartzman, senior vice president and policy director of Media Access Project. “It is also yet another clear demonstration of why Comcast should not be permitted to acquire NBC Universal, given its clear tendency to exercise control in the video marketplace.”

“On its face, this is the sort of toll booth between residential subscribers and the content of their choice that a Net Neutrality rule is supposed to prohibit,” said Harold Feld, legal director of Public Knowledge. “In addition, this is exactly the sort of anticompetitive harm that opponents of Comcast’s merger with NBC-Universal have warned would happen — that Comcast would leverage its network to harm distribution of competitive video services, while raising prices on its own customers.”

Although Netflix and officials at the Federal Communications Commission both refused comment, analysts predict consumers will ultimately pay the price for Comcast’s newest fees in the form of higher prices for online content.  Comcast does not impose these fees on its own TV Everywhere online video service, Xfinity Fancast.  Waiving expensive content delivery fees for “preferred content partners” could leave independent competitors like Netflix vulnerable to the whims of the broadband providers charging extra to deliver traffic to paying customers.

The FCC is rumored to be considering enacting some broadband reforms before new Republican members of Congress take their seats in January.

(Thanks to several of our readers, including Terry and ‘PreventCaps’ for sending word.)

[flv]http://www.phillipdampier.com/video/Bloomberg Comcast Internet Toll Booth 11-30-10.flv[/flv]

Bloomberg News briefly covered the dispute in this morning’s Business Briefs segment.  (1 minute)

If you have nearly $200 a month burning a hole in your pocket that you’d be willing to give Time Warner Cable for a cable-TV, phone and broadband package, have we got a deal for you.

Time Warner Cable is completing a test of its Cadillac cable plan for ultra-premium customers in Charlotte, N.C.  Dubbed “Signature Home,” the plan targets the cable company’s biggest spenders with a deluxe package of cable television, phone, Road Runner Wideband high speed Internet, two premium whole-home DVR units, and a wireless home network.  Customers in Charlotte paid $179.95 a month for the service during the test.  One of the conclusions apparently reached — Time Warner was not charging enough.  As the service goes national, its price will increase by $10 a month for some, $20 for others, topping out just a nickel shy of $200 a month before taxes and fees.

For that price, customers get just about everything Time Warner Cable offers, except premium movie channels:

Time Warner Cable expects to unveil the service in other areas of the country in a matter of weeks.

CEO Glenn Britt told Bloomberg News the targeted packages of services are designed to retain different classes of customers.

“If this were a BMW this would be the 750 IL, with all the whiz-bang things,” said Britt. “It’s our package with everything we have to offer and a different service experience all wrapped up in one.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Signature Home Time Warner Cable East.flv[/flv]

Time Warner Cable produced a brief promotional video for Charlotte customers explaining the benefits of its new Signature Home service.  (2 minutes)

Good News! (For the station's advertisers)

WTXL-TV’s The Good News Show fell all over themselves last week gushing about Comcast’s rebranding as Xfinity.  The noon weekday program, apparently produced by the station’s news department, managed to obliterate any firewall between journalism and the advertising & sales department at the station.

A sampling of praise from the host, in between tossing softball questions at the two Comcast representatives followed by vigorous nodding in agreement:

• “Wow, that -is- amazing.”
• “It’s so much more for less, really.”
• “I know, unbelievable!”
• “Yeah, definitely,” in response to Comcast’s community coordinator’s statement that she thinks everyone should sign up for Comcast service.
• “Yes, true — especially with the holidays coming this is something everyone’s going to want to get in on!”

The journalistic malpractice doesn’t stop with Comcast.  Other features practically evangelize local Tallahassee businesses and restaurants, a whole mess of which also turn out to be sponsors or “partners” offering discount coupons on the station’s website or “advice” to viewers.

A little exploration of WTXL’s website uncovered a page inviting those interested in appearing on the program to contact… the station’s advertising & sales department!:

Reach your potential customers in Tallahassee, Thomasville, Valdosta and beyond with the power of television and innovation of the internet.

ABC 27 can…

• reach over 290,000 households in North Florida and South Georgia
• produce your commercial in high definition
• create custom promotions to help you reach new customers
• increase traffic to your website and position your company more effectively through customized online advertising and sponsorships
• put together an advertising plan that will meet your  marketing goals and fit your budget.

Your ABC 27 account executive will be dedicated to helping you grow your business and assist you through every step in creating your advertising campaign.

Of course the last people to understand this special relationship between the station and its advertisers are the viewers, who don’t appear to be told if the guests appearing on the program are also paying clients.

This is not unprecedented.  Many small city television stations beef up their ad revenue inviting sponsors to appear on morning and interview shows.  But WTXL is among the first to package it under the moniker “news” and deliver it to Florida and Georgia viewers on a Comcast/Xfinity Silver Platter.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WTXL Tallahassee Comcast Introduces Xfinity 11-23-10.flv[/flv]

An excerpt from WTXL’s ‘The Good News Show,’ featuring two representatives from Comcast who received a glowing reception from the program’s host.  (4 minutes)