Earthlink, which depends on phone and cable companies to deliver its broadband service, has imposed a monthly usage limit of 250 gigabytes on its customers obtaining service from Comcast.

Customers began receiving postcards in May notifying them about the change in service terms which took effect July 1st.  Earthlink blamed the usage limits solely on Comcast, noting they were dependent on other companies to provide the infrastructure necessary to reach customers:

Comcast and other cable providers provide portions of the network that EarthLink High Speed Cable service uses to deliver broadband Internet access. EarthLink provides the other portions of the network and services like Webmail and the myEarthLink Start Page®.  EarthLink works with its business partners, like Comcast, to manage the network infrastructure.  […]Because Comcast is EarthLink’s business partner in providing the EarthLink Powered by Comcast Service, EarthLink is working closely with Comcast in implementing this Usage Cap.

Internet providers routinely sell the benefits of their broadband accounts to better accomplish data-heavy activities like online video using their service, even though in some cases all of that "heavy use" is being used as an excuse to implement usage limits on customers.

In reality, Earthlink offers little more than a handful of its own services to customers.  Most of its network connectivity, billing, and other services are handled by the providing cable or phone company.  Customer support with many technical issues is handled by Earthlink’s own off-shore technical support staff.

Still, Earthlink had offered an alternative to those threatened with Internet Overcharging schemes by Time Warner Cable and Comcast because the company had not adopted those usage limits until Comcast insisted they follow suit.  Presumably with this precedent in place, any other Overcharging schemes imposed by these providers would also impact their respective Earthlink customers.

For those violating the usage limits, enforcement won’t come from Earthlink.  Instead, the provider warns, Comcast will be the entity that comes down on your head.

For now, Earthlink customers will have to call the company (888-327-8454) to determine how much data they’ve used during the month as the Comcast data usage meter is apparently only for Comcast customers.

Rep. James Boles Jr. of Moore County seen yawning as the North Carolina Legislature worked long hours to close the session for the year. (Photo: Charlotte Observer photographer Corey Lowenstein)

A bill to temporarily ban municipal broadband projects in North Carolina went down in flames early Saturday after a marathon 19-hour closing session of the legislature allowed a handful of pro-consumer legislators to finally corner and kill the bill.  But that victory would not have come without a coordinated effort by consumers and communities across the state vociferously objecting to legislation designed to protect the duopoly of phone and cable service offered by Time Warner Cable, AT&T, and CenturyLink.

This was the fourth attempt by big telecom companies to get state legislators to do their bidding.  It’s almost as if they want to work harder to stop competitors from delivering service than they work at delivering it themselves.  North Carolina is ranked 41st out of 50 states in broadband adoption. Significant areas of the state are not served by any broadband provider, and broadband speeds experienced by customers in North Carolina are among the slowest in the country.

This year’s battle was among the most difficult because its biggest backer, retiring Senator David Hoyle (D-Gaston), was considered a heavyweight in the legislature, serving in the North Carolina Senate for 18 years.

The drama that would eventually wind its way to the bill’s demise began late Friday evening in an overnight session of the state legislature.

Catharine Rice from the SouthEast Association of Telecommunications Officers and Advisors (SEATOA) is our tour guide through the winding, treacherous waters of a North Carolina legislature in its final hours of the session for the year:

Saturday morning, July 11, at 5 a.m., the NC House of Representatives killed Senator Hoyle’s (D-Gaston) attempt  to force a moratorium on municipalities seeking to provide their communities broadband service. This was the industry’s 3rd (actually 4th) attempt to stop municipalities from providing superior broadband infrastructure to the communities.

Rep. Luebke

The bill died on Saturday after a one-two punch. First, the House Ways & Means Committee had refused to hear S1209 since June 8, under the hands of Committee Chair-Rep. Faison (D-Orange, Caswell), when it crossed from the Senate to the House. Then late Friday evening, the House itself added an amendment to its Study Authorization Bill (SB900) permitting, but not requiring, the Revenue Laws Study Committee to study the laws and circumstances surrounding municipalities providing broadband service to their communities, but dropping all other terms of S1209, mainly  the moratorium. The Senate concurred with House bill 900 unanimously later in the evening (9:49pm) and it was enrolled for review and signature by the Governor. (See Sections 7.5 (a) and (b) here)

Ten minutes later, Sen. Clodfelter introduced H455, a bill whose effect would have changed the approach of the House’s version of the municipal bbnd study. With H455, Senator Clodfelter gutted a House kidney awareness bill, and poured into it the “study” portion of S1209 (Hoyle’s Anti-Muni broadband bill), changing the House version by setting a date certain when the study (and recommended legislation) would have to be completed (March 2011), and increasing the number of seats on the subcommittee from 12 to 14, adding assigned seats for telephone coops and the NC County. The House version did not mandate a study, but made it optional, did not specifically authorize the committee to recommend legislation, and set the seats for the subcommittee at 12, naming 8 with an additional four unassigned seats. Clodfelter’s H455 contained two other sections, one addressing a fluke in sales tax refunds for MI-Connection, the Mooresville-Davidson muni broadband system.

Around 2:45 Saturday morning, on Rep. Paul Luebke’s (D-Durham) motion, the House denied concurrence with the Senate on H455 (96 to deny, 1 to allow). At 3:45 a.m., the House approved a Senate/House conference committee report for the purpose of keeping only one section of H455, (effectively deleting H455′s changes to the House study version of S1209). H455 (here) now provides a state sales tax refund status for Davidson and Mooresville’s MI-CONNECTION system, status the two towns would have if individually providing cable service, but from which they were disqualified by having  joined together to provide broadband cable  service.  On a vote of 91 to 6, the House approved the Senate/House conference report. At 4:55 a.m. the Senate concurred with that report and it was enrolled for the Governor’s attention.

Source: SpeedMatters/CWA

Bottom line, the effort to place a moratorium on consideration for new municipal broadband projects in the state is dead for 2010.  The next opportunity big telecom has for another anti-consumer bill is in January 2011.  At least the North Carolina legislature passed some additional ethics and government reform measures that will give consumers even more tools to fight the next battle:

• It toughens penalties for illegal campaign donations above $10,000.  As we’ve seen repeatedly, big campaign contributions can make all the difference when legislators throw their constituents’ interests under the bus.  Big phone and cable interests are among the most generous contributors, making it easy to find one or more members willing to carry their legislative agenda forward;
• Requires board and commission members to account for campaign fundraising activities for elected officials who appointed them.  A case of mutual back-scratching, powerful legislators can often find places for their special interest friends and supporters to serve on state commissions and boards.
• Expands personnel information that must be released to the public about state employees.  We saw the implications of conflicts of interest in the legislature this past session when one member contemplating municipal broadband bans also happened to be one of Time Warner Cable’s engineering contractors.  More information, this time about past work by state employees, prevents these kinds of conflicts from staying secret.

Please thank Reps. Faison and Luebke for their hard work to stop the broadband moratorium.  It’s unfortunate Rep. Faison’s efforts to bring better broadband to Caswell County, part of his district, were unsuccessful.  But at least Caswell County leaders won’t face a broadband moratorium should they wish to renew their efforts to provide broadband service where CenturyLink will not.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WBTV Charlotte Salisbury A Wired Community 5-2010.flv[/flv]

Why we fight.  Communities like Salisbury, N.C., can now move forward on their own municipal broadband projects.  Back in May, WBTV-TV in Charlotte highlighted Fibrant, the community’s answer to bad service from incumbent providers.  (4 minutes)

I’d like to hear your impressions of Clear’s 4G wireless broadband service, which is also known as Road Runner Mobile in Time Warner Cable territories or Comcast High Speed 2Go where Comcast provides cable service.

I am specifically looking for speed results, coverage impressions — whether the coverage maps reflect reality or not, and what type of wireless modem you’ve chosen with the service.  Also, customer service impressions are welcomed.  Feel free to leave your comments in our comment section or use the Contact Us link above if you’d prefer to remain anonymous.  Please remember to include your city and state.

YouTube is littered with negative reviews and complaints about the service, but I’d like to hear from our readers.

Here is one annoyed customer who literally attached her USB modem to a broom handle and mounted it halfway up the side of her home and still could not connect. (Warning: Profanity) (3 minutes)

Frontier Communications rented a conference room at the Charleston Embassy Suites, calling it a "command center" for the transition. (Courtesy: Charleston Gazette/Lawrence Pierce)

No state faces a larger impact from Verizon’s exit than West Virginia.  The epitome of the kind of market Verizon doesn’t want to serve any longer, West Virginia suffered through several years of Verizon not keeping up with required investments in the aging landline network, and service had markedly deteriorated as a result.  West Virginia is mountainous — expensive to maintain infrastructure, often rural — reducing potential revenues, and economically-challenged — killing the chances of making “triple-play” sales (and profits) in communities where customers have to watch every penny.

West Virginia was also the epicenter of the loudest controversy over the sale, as unions and consumer groups opposed the transaction because of its enormous threat to an entire state’s landline network.  A failure by Frontier would result in the kind of drama experienced by northern New England customers of FairPoint Communications, who suffered with more than a year of horrible service and inaccurate billing.

So news that Frontier has run into problems in the state just one week in, despite sending 250 extra employees into the area for the conversion, has raised concerns with the Public Service Commission, as well as those impacted by problems and outages.  Frontier has tried to put its best face forward, with employees holed up in a self-described “command center” in a conference room at the local Embassy Suites in Charleston.  On the day before the handover, press photographers were able to snap pictures of Frontier employees seated at long conference tables facing one another, with laptops open.  A digital projector showed PowerPoint slides that promoted the “new Frontier” while a temporary company banner tacked to a corner wall rippled over a stand.  A high tech glitz and glamor presentation this was not.

David Armentrout, president and chief operating officer of FiberNet was underwhelmed by all of it.  His company requires connections with West Virginia’s landline provider to deliver full service to his clients.  Prior to the handover, Armentrout said FiberNet had 43 outstanding trouble tickets on file with Verizon.  But Verizon apparently never handed over those support tickets to Frontier, effectively losing them after the transition.  Now that Frontier has taken over, Armentrout’s company has had to open 113 trouble tickets for problems old and new.

Armentrout complained about the lack of results from Frontier in the pages of the Charleston Daily Mail:

Armentrout said that after consistently being put on hold for more than an hour when trying to reach Frontier to talk about outstanding trouble tickets, “we had a meeting with their senior team on Saturday. We said this was not acceptable. Since then they’ve given us a work-around with two dedicated Frontier employees. When we get an hour hold time, we contact these dedicated employees.

“Another issue we’ve had is, we’ve had to contact our customers directly to verify the status of their trouble tickets because the (Frontier) system doesn’t tell us the status,” he said. “As a result of having to contact our customers directly and working with Frontier on all of these issues since July 1, our dedicated team has spent over 200 man-hours working on these issues.

“When you look at the results: six of 43 completed and three of 113 completed, we’re doing a lot of work and spending a lot of man hours but not really seeing a lot of service issues being resolved.

“Unfortunately on Friday the Public Service Commission was closed,” Armentrout said. “We made attempts to get in touch with them because we recognized we would have the problems we’re continuing to have today. I want our customers to know we’re doing everything we can to get these issues resolved.

“Several individuals within Frontier have exhibited good-faith efforts to resolve these issues,” he said. “We commend them for their efforts. But what we’re looking for is results. We need to get these issues fixed. They’ve made efforts but at the end of the day we’re still not getting where we need to be.

“Come Tuesday when business gets back to normal we can expect these numbers to increase unless we get these issues resolved,” Armentrout said. “Our intention is to go to the Public Service Commission on Tuesday and get them involved to make sure these issues are getting resolved as quickly as possible. It has been a long weekend.”

Ken Arndt, president of Frontier’s Southeast Region, issued a statement Sunday that unconvincingly blamed some of the delayed fixes on the recent death of West Virginia Senator Robert Byrd:

“We are doing the necessary work needed to correct old and current issues. It’s Day 4 and overall this has been a very successful conversion. That is especially true when you remember that Day 2 was marked by the presence of the President and Vice President of the United States and many members of Congress at the memorial for Sen. Robert Byrd. We made sure Frontier’s system performed flawlessly.”

The newspaper notes Verizon’s landline network in the state is notorious for having problems when there are storms, and since the July 1st transition there have not been any.  Armentrout agrees, hoping that Frontier’s outstanding issues get resolved before the first major storm hits the state, which could come as early as Friday.  Armentrout calls the first severe weather challenge Frontier faces “the mid-term exam.”

Taking the longer view, Frontier promises it will spend millions in West Virginia to update the state’s landline infrastructure and expand broadband availability.  Frontier announced the hiring of nine regional managers to oversee operations across the state, including Mitch Carmichael, a delegate in the West Virginian legislature representing Jackson.  Carmichael is a former computer salesman who will now manage Frontier’s Parkersburg office.

Customers are less impressed.  Many have experienced lengthy outages with their DSL service since the transition — a bad omen for many Charleston residents who immediately called Suddenlink, the area’s cable company, to switch service providers.  Another Charleston customer called Frontier’s continued reliance on a Yahoo!-provided “front end” “really low class.”  In nearby Huntington, a few customers couldn’t say much about what changed after Frontier took over because their phone service went out on the 1st and was still out a week later.

“I hope they don’t raise the bill since we have not had any phone service at all since 11:00am on July 1st when Frontier took over,” wrote one customer. “With my phone service out since Saturday and a new promise of repairs to be made by Tuesday July 6th, I am waiting to see where Frontier improves service in rural West Virginia. The Verizon employees would just as soon as to tell you anything — same people, just a different company. Frontier needs to have a major house cleaning, as their tales haven’t changed along with the service,” writes another.

A handful also complained that their Frontier phone service cost plenty more than what Verizon charged:

“My parents have Frontier and their bill is twice as high as my Verizon. We have the DSL and the freedom package (unlimited long distance, call waiting, voicemail and caller ID) and my bill is $78 a month.  My parents only have local calling, call waiting, voicemail, caller ID, and DSL and their bill is over $120 with no long distance,” he writes.  “How is this take over going to help anyone other than Frontier? I’m going to cable for Internet and phone.”

[flv]http://www.phillipdampier.com/video/WSAZ Charleston Frontier Carriers Experience Minor Problems 7-6-10.flv[/flv]

WSAZ-TV in Charleston says some companies are experiencing minor problems in the West Virginian conversion from Verizon to Frontier.  (2 minutes)

Talk about bad timing.  Just as the transition between Verizon and Frontier Communications was about to get underway, a fiber cable cut in Virginia June 29th caused a multi-state outage for Frontier DSL’s service.  In downstate New York, tens of thousands of customers lost service.

News of the outage was picked up by the Times Herald-Record, which reported nearly 30,000 customers in Orange and Rockland counties without service from 2-11am.  A Times reader named Steve observed, “I thought this outage was just the typical monthly DSL outage I suffer every month with Frontier. Think service is bad now? God help us when they get their hands on that chunk of Verizon territory. I suspect it will be overwhelming for them, from financial and technical viewpoints.”

Several thousand customers near Rhinebeck and Hopewell Junction were also impacted, according to a story in the Poughkeepsie Journal.  Reader MarienneV noted this wasn’t the first Frontier DSL outage she’s dealt with:

We noticed that there was no Internet at my house at around 5am yesterday. It was after 8pm when we were finally able to get online. This is not the first time it happened either, about a week or two ago Frontier had an outage that lasted at least five hours. Since there is no local television news up here, I felt kind of cut off from the world. I hope the Internet stays on now.

A similar service outage hit Frontier customers in the Middletown area, according to the Mid-Hudson News.

Since the transition, now even former Verizon customers are being exposed to Frontier DSL outages, especially in West Virginia where widespread problems are attracting the attention of the state Public Service Commission.

The Charleston Daily Mail today reports more than 500 customers in Martinsburg alone seem to have had problems with Internet service since Saturday:

The commission, in its May 13 order approving Frontier’s acquisition of Verizon’s landline network, required Frontier to spend millions of dollars to increase broadband deployment and subscriptions in what was Verizon’s service territory. However, the commission does not regulate Internet service.

On Tuesday Doug Stone said he and his brother-in-law, who both live outside of Martinsburg, hadn’t had Internet service since Saturday morning. Stone said a Frontier customer service representative in Texas told him the company had over 500 calls from the Martinsburg area about Internet service.

Tuesday evening Frontier spokeswoman Brigid Smith said, “The outage in Martinsburg seems to be the direct result of faulty workmanship by Verizon two weeks prior to the completion of the acquisition,” and was directly related to Verizon’s movement of a switch from Maryland to West Virginia. She added, “The cooling equipment Verizon installed was insufficient for the additional data equipment associated with this project.

“My partners at Frontier are working incredible hours to make right many things that have been too long ignored,” Smith said.

A Marmet resident who asked to not be identified said Wednesday that she and a friend, who also lives in Marmet, were without Internet service. “They tell us it will be 24 to 48 hours before they fix it,” she said. “I want you to know the problems aren’t just in Martinsburg.”