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Nationwide Energy Takes Comcast to School on Monopoly Rate Gouging

nepEvery once in a while, a brazen utility service company will come to our attention that is so egregious in its conduct and pricing, it makes Comcast’s business practices resemble Amateur Hour.

Not for lack of trying, Comcast’s worst abuses pale in comparison to the conduct of a nasty little firm called Nationwide Energy Partners (NEP). No customer that endures this pseudo-utility will likely ever forget its name, or the $500+ utility bills the company is known to send to renters in Ohio.

Ohio’s deregulated utility market has opened the door to speculators, multi-level marketing scams, and the new and growing practice of “submetering,” — rebilling renters for utility usage charges on behalf of the property owner. The epicenter of some of the worst abuses is in Columbus, where two “submetering” companies with dubious records and close ties to property developers are getting rich charging customers up to 97% more than other Columbus households pay for basic utilities.

columbusFour families are now taking NEP to court, alleging the company is lying about its rates, overcharging customers, and engineering a monopoly business model that does not allow customers to switch utilities, leaving them captive to the threat of eviction and property liens for those that fall behind on their bills.

Ralph Cantore in Columbus is well-acquainted with NEP. It’s the utility company that has billed him $4oo-525 a month for electricity and water service for his three-bedroom apartment.

“I really enjoy the location,” Cantore told The Columbus Dispatch about Olentangy Commons apartments. “I enjoy everything about it, except the ridiculous energy bills.”

Courtney VanSickle, a registered nurse, says her bills have been as high as $450 a month at her two-bedroom apartment.

Those are two of approximately 30,000 customers served by NEP, many in central Ohio where renters served by these third party companies are often shocked by astronomical utility bills. Another firm, American Power & Light, was founded in 2003 by property developer Don Kenney, Sr. The “energy company” shares office space with Kenney’s other ventures, including Ardent Property Management, Village Communities and Metro Development. Kenney’s companies have built more than 35,000 apartments or condominium units, many coincidentally relying on AP&L as the monopoly provider of utility service.

Nationwide Energy founder and CEO Mike DeAscentis Jr., was frank with investors about the real aim of NEP in a 2010 presentation: “How we make money is we buy power at a commercial rate and we resell it at the residential rate and there is arbitrage in the rate structure,” he said, according to a transcript obtained by The Dispatch.

aplDeAscentis isn’t an energy man from way back. He’s the CEO of Lifestyle Communities, an apartment developer, which coincidentally contracts with NEP for utility services.

NEP pays developers, owners, and/or managers of condominiums, apartment buildings, and multi-family dwellings for contracts offering exclusivity to provide gas, electric, water, and sewer service to tenants. Tenants are informed at closing or move in that NEP is the only utility service provider available to them and they must sign a service agreement with NEP to obtain basic utilities.

NEP is well aware of the favorable position this puts the company, telling customers on its website:

“At NEP we know you choose us because you have to.”

Under Ohio’s deregulation strategy, utilities are still supposed to be mildly regulated to guarantee quality of service, establish proper disconnection policies, and follow basic guidelines to help manage the competitive market. Except NEP was created at the outset to skirt those rules.

puco“NEP is the new utility,” DeAscentis said in the 2010 presentation. “We do everything that a utility does except generate power. NEP builds electrical-distribution systems for residential communities, and we were very deliberate when we started the business 10 years ago to put it in a place where it was not regulated.”

That is what has allowed NEP to effectively operate as an unregulated monopoly. If customers can’t or won’t pay, the normal protections extended to customers for utility services that protect life do not apply. NEP and AP&L can cut service at will for non-payment, even during winter when a customer’s safety could be at risk. If residents are late with payments, American Power will sometimes evict them, even if the consumer’s rent is up to date and even though American Power is not the landlord. Another contract provision allows companies to place liens on personal property for non-payment. Both companies have sought hundreds of evictions since 2002. Nationwide appeared to have stopped seeking evictions in 2011.

“Once you enter this slippery slope, where a third party has the ability to order evictions, that’s shocking,” Emily Crabtree, a lawyer with Columbus Legal Aid who has defended American Power customers, told The Dispatch in 2013.

The centerpiece of the Ohio lawsuit is the allegation NEP charges residents substantially more that what regulated or municipal providers charge their customers. A 2013 investigation by The Dispatch found that once all the fees and surcharges were calculated, customers paid up to 94% more than if they had an account directly with the regulated or municipal utility serving the area.

“This rate arbitrage is how NEP makes money,” the lawsuit claims.

The plaintiffs claim NEP won’t disclose its energy charges, making it difficult for customers to compare what they are paying for service in contrast with their non-NEP neighbors.

“NEP’s website falsely states that ‘NEP is contractually bound to match the rates of the host utility for both electric and water,’ that ‘rates [customers] are charged by NEP are the same residential rates that are charged by [their] current utility provider,’ and that customers ‘will not pay a higher rate for [their] electric and water as a NEP customer.'”

Ironically, NEP’s CEO stated that NEP “adds value” to services traditionally provided by public or private utility companies.

“The only entity that benefits from NEP’s business model is NEP,” the lawsuit claims.

[flv]http://www.phillipdampier.com/video/Columbus Dispatch Submetering 10-20-13.flv[/flv]

The Columbus Dispatch investigated submetering back in 2013, and the large spike in consumer complaints that resulted from the practice. (4:24)

Consumers, when they find out about the submetering practice, are shocked to discover it is completely legal under Ohio law.

Guy Fulcher, a former American Power customer who now lives in Galena, got the pass-the-buck treatment when he complained.

“The attorney general back then was Richard Cordray, and his office just rolled over and said, ‘We don’t regulate that,’” he said. “They said to go to [Ohio’s Public Utilities Commission]. PUCO said, ‘We don’t regulate that.’”

When other renters have complained to regulators, attorneys representing submetering companies argue the complaints should be ignored or rejected for lack of standing.

“This complaint should begin and end with the determination that Mr. Whitt lacks standing to bring a complaint concerning utility services (at his condo) because he is not the utility customer,” said Howard Petricoff, attorney for Nationwide Energy, in a filing.

According to the company, the true customer is the condo association, not each resident, reported the newspaper. Nationwide Energy has a long-term contract with the association to act as the exclusive reseller of utility services.

AE&P spokeswoman Terri Flora said the responsibility falls squarely on the shoulders of renters.

“As people make choices to rent in an apartment, they need to be fully aware of what that choice involves,” Flora told the newspaper about the possibility of paying higher prices with a submeter company. “It’s a different environment than consumers are used to.”

Customers in other states beyond Ohio should also be on the lookout because submetering is legal in several other states. Where money can be made, submeterers are sure to expand. NEP is already active in Ohio, New York, New Jersey, Pennsylvania, Tennessee, and Kentucky. Submetering, with an allowance for charging a substantial markup, was legal in Alabama, Georgia, Kansas, Pennsylvania, South Carolina, Utah and Washington as of 2013.

AT&T Brings Back Unlimited Wireless Data Plan… If You Have U-verse TV or DirecTV

att-logo-221x300Building in protection from cord-cutting, AT&T today announced it was bringing back its unlimited data wireless plan for customers that subscribe to U-verse TV or DirecTV.

The new AT&T Unlimited Plan claims to offer unlimited data, talk and text for $100 a month. Additional smartphones are $40 per month each, with a fourth smartphone free to add at no extra charge.

“Video traffic continues to grow on our network as fast as ever because people enjoy viewing their favorite video content on their favorite devices,” said Ralph de la Vega, CEO of AT&T Mobile and Business Solutions. “And, they will get a high-quality video streaming experience from the start. No compromises in video quality.”

Except that AT&T discloses in its fine print, “After 22GB of data usage on a line in a bill cycle, for the remainder of the bill cycle AT&T may slow data speeds on that line during periods of network congestion.”

Speed throttles often affect video quality and can stall playback.

It’s the first time in five years AT&T has offered an “unlimited data” wireless option to its mobile customers. Analysts suspect the offer is designed to compete with T-Mobile’s free video streaming “BingeOn” promotion, while also protecting AT&T’s video platforms from cord-cutting. AT&T also gets an opportunity to add new video customers to its recently acquired DirecTV service, because only customers with a qualifying video subscription are allowed to buy the unlimited data plan.

AT&T is tying the unlimited data promotion to its satellite offering DirecTV, not U-verse, with a promotional satellite TV package for new video customers beginning at $19.99 per month for 12 months, with a 24 month agreement. After one year, the base TV package increases to $49.99 a month.

To bring back AT&T wireless customers that left for another carrier, AT&T is offering up to $500 in incentives when customers switch to the AT&T Unlimited Plan with an eligible trade-in and buy a new smartphone on AT&T Next. Customers who combine their U-verse or DirecTV account with AT&T Wireless on a single bill will also get an extra $10 off per month.

AT&T is effectively selling its Unlimited Plan for $60 a month, double AT&T’s original rate for unlimited data of just under $30. With a video subscription pre-qualifier, customers enrolling in the plan can expect a substantial bill.

AT&T Unlimited Plan
Device Type Monthly Access Fee Per Device
1st Smartphone $100
Additional Smartphones  (Fourth line free after bill credit) + $40
Tablets + $40 (or $10 for 1GB)
Watches + $10
Basic/messaging phones + $25
Select connected devices + $10

On the mobile side, customers will be initially expected to pay up to $220 a month for four active lines. The $40 credit for the fourth smartphone only begins after two billing cycles, finally reducing the bill to $180 a month before taxes and surcharges. A required video package will range from $19.99 for a basic DirecTV plan ($49.99 in year two) to as much as $80 or more for U-verse TV, bringing a combined television and wireless bill to more than $300 a month.

Those with 4G tablets can save some money dropping the $40 unlimited data device access fee and choosing a $10 1GB data plan for tablets instead.

Compare/Contrast: Taiwan’s Presidential Candidates Can’t Wait to Give Away Free Broadband

The three candidates contesting in the 2016 Presidential Elections are James Soong from the People First Party (PFP) (L), Eric Chu from the ruling Kuomintang (KMT) (Center), and Tsai Ing-wen from the Democratic Progressive Party (DPP) (R).

The three candidates running for President of the Republic of China are: James Soong from the People First Party (PFP) (L), Eric Chu from the ruling Kuomintang (KMT) party (Center), and Tsai Ing-wen from the Democratic Progressive Party (DPP) (R).

Taiwan’s three presidential candidates, appearing in a nationwide debate on Sunday, promised to deliver improved High Speed Internet in the Republic of China, with some candidates committing to give broadband away for free to low and middle-income families.

Taiwan is making broadband expansion and improvement a top national priority, as the country races towards delivering gigabit wired broadband and 5G wireless service. The government wants to boost the country’s broadband ranking, now 33rd in the world.

Bringing speeds up while reducing broadband bills is the goal of Eric Chu, the candidate from the ruling Kuomintang (KMT) party. During his terms as leader of New Taipei and Taoyuan County, Chu presided over a major expansion of Internet penetration rates. Chu believes the next step is to make broadband service free of charge for low/middle-income residents and deliver nationwide free Wi-Fi to every centimeter of Taiwan.

Internet providers would still profit from selling faster access to customers willing to pay for it, but Chu’s policies continue a theme that broadband access is a basic human right, a position increasingly popular in the country. Voters appeared skeptical of Chu’s claims, however, because the KMT has garnered a reputation of being in bed with big business during its last two terms in office. But that has not stopped Chu from criticizing telecom executives for not doing more to invest and eventually offer next generation 5G wireless service in Taiwan.

James Soong, from the People First Party — considered to have a close (but frequently tense) alliance with the KMT  — predictably agreed with Chu, but also wants Taiwan to do more to protect Internet privacy and online safety. Soong wants to completely scrap the country’s legacy copper wire telecommunications infrastructure and replace it with fiber optics, delivering fiber service to every home and business in Taiwan. With a fiber upgrade, Soong is convinced Taiwan will achieve his goal of top-10 broadband status.

Tsai Ing-wen from the Democratic Progressive Party (DPP) said when private companies don’t deliver, it is government’s responsibility to address the digital divide, by making high quality service affordable and fast. Taiwan’s telecom companies are paying close attention to the DPP candidate because polls make her the favorite to become the next president of Taiwan, after the election on Jan. 16.

“The use of broadband Internet service should be part of the people’s basic human rights,” she said. “It is also important to narrow the digital divide to improve educational opportunities for children in remote areas and develop children’s digital capabilities.”

With broadband being treated as a high priority issue in the presidential race, Taiwan’s largest broadband provider, Chunghwa Telecom – 中華電信, has announced the first commercial deployments of G.fast technology – the newest generation of DSL – across Taiwan.

Israeli chipmaker Sckipio demonstrated G.Fast technology at CES 2016 in Las Vegas this week, claiming it is faster than traditional DSL and cable broadband. In a limited demonstration, the company demonstrated download speeds achieving 750Mbps over traditional copper wire networks, about 50 times faster than average broadband speeds. Sckipio promised G.Fast technology will debut in the United States later this year.

Time Warner Cable Quotes Rural Ky. Resident $410/Mo + 5 Yr. Contract for Broadband

green acresIf residents in rural Kentucky want Time Warner Cable to offer broadband service, they better be prepared to pay for it.

As Time Warner customers consider the company’s latest rate increases, which now include a $10 modem rental fee and an increasingly common $4.99 “Wi-Fi Fee” if you don’t use your own wireless router, there are other customers signing contracts for residential Internet service from Time Warner at prices as high as $410 a month.

Jack Prindle lives in the Big Bone community near Union, Ky., — close enough to Cincinnati to be a suburb, but rural enough to be bypassed for broadband. Two dozen of his neighbors live along a nine-tenths of a mile stretch of Big Bone Church Road, which isn’t exactly a priority for Time Warner Cable. The families have spent a decade trying to entice anyone to offer broadband Internet access. Insight Communications (Time Warner’s predecessor) and Cincinnati Bell have never shown much interest. Time Warner Cable, however, has been engaged in a type of cat and mouse game, offering service at ever-escalating prices only to change its mind at the last minute.

“Within the last year, I have signed contracts with Time Warner for Internet service starting at $300 a month, with a three-year contract, only to have them come back and raise it to $350 for five years, and then $410 a month with a commitment of five years,” Prindle wrote in the Community Recorder. “Then only to be told a month later they were not going to provide Internet. Others of the 24 have similar bizarre stories concerning Time Warner and Cincinnati Bell.”

“Prindle’s story is an example of what is wrong with rural broadband in the United States,” writes Cynthia Rawley, who shared the story with Stop the Cap! “Unchecked cable and phone companies get federal dollars and the benefit of a fake broadband map that has no relationship to reality, leaving many to believe there is no rural broadband problem to solve. But there is.”

Union, Ky.

Union, Ky.

Rawley points out the FCC’s official National Broadband Map shows the two dozen homes around Prindle are all provided 5-50Mbps broadband service by both Time Warner Cable and Cincinnati Bell, despite the fact neither offers any broadband service to anyone in the vicinity.

“Boone County Judge-executive Gary Moore wrote to inform the FCC of this error and failed to get a response,” Prindle noted. What bothers him even more is his tax dollars have paid to subsidize rural Internet service he cannot get at any price.

“Some basic research reveals that Time Warner has received millions of taxpayer dollars to provide broadband Internet in rural areas,” Prindle notes. “The commonwealth of Kentucky has given over $100 million to Internet providers alone to provide broadband Internet in rural areas alone. Opensecrets.org reports that Time Warner spent $4,950,000 in lobbying efforts of federal, state, and local governments in 2015. With this amount of money changing hands, the conspiracy theorists among us see a 20/20 episode coming.”

Prindle better have his rabbit ears ready to watch, because at the rate providers are not expanding rural broadband, he will have a long wait before being able to watch that 20/20 episode online.

FCC Stops the Clock on Charter-Bright House-Time Warner Cable Merger

hourglassIn a sign federal regulators are taking the behemoth merger of Charter Communications, Time Warner Cable, and Bright House Networks seriously, the FCC today announced it was temporarily stopping the clock on the merger review required to approve or reject it.

“The commission has a strong interest in ensuring a full and complete record upon which to base its decision in this proceeding,” the FCC wrote in a statement. “Pausing the clock will ensure that commenters have sufficient time to review and comment on this new information, and will provide commission staff with the necessary time to review both the applicants’ materials and any responses.”

The delay is expected to last at least 15 days. The FCC considers such mergers under an informal 180-day “shot clock” that was designed to make certain mergers under review would receive prompt consideration by regulators. But the FCC treats the clock as a suggestion, not a mandate, and has often delayed contentious mergers, sometimes to a degree where the parties involved recognize the direction the review is headed, and withdraw their application.

Charter insists that is not the case here.

“We have recently submitted supplemental information to underscore the benefits of these transactions and it is expected that the FCC would want to give the public time to comment,” Charter said in a statement. “We are working well with the FCC on its review of our deal and continue to look forward to a timely approval.”

Comcast said the same thing when its merger application for Time Warner Cable stalled in federal and state regulators’ offices. Its merger application was eventually voluntarily withdrawn.

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